78 
PARK AND C EM ETER V. 
vs. Danahy, decided February 11, 1916. 
W. C. Moulton, 
Clerk and Treasurer Pittsfield 
Cemetery. 
Pittsfield, Mass. 
Following is a copy of the agreement of 
sale of Pittsfield Cemetery : 
This Agreement, made in duplicate this 
day of , 19 — , between the Pro- 
prietors of the Pittsfield Cemetery, a cor- 
poration of Pittsfield, Massachusetts (here- 
inafter called the Proprietors), and 
of (Address) (hereinafter called 
the Applicant). 
Witnesseth : That in consideration of the 
mutual matters herein contained, the Pro- 
prietors permit and license the Applicant 
to bury in the lot of its cemetery herein- 
after by number described, according to 
the terms hereof and to the rules and reg- 
ulations of the Proprietors now existing 
which the Applicant has read and assents 
to and all future rules and regulations 
made by the Proprietors for the conduct 
of the cemetery. 
It is expressly understood by tbe parties 
hereto that tins agreement is not a convey- 
ance of real estate, nor does it confer upon 
the Applicant any right to sell or transfer 
the lot herein described, but is merely a 
license to bury subject to the removal by 
the Proprietors of any body or bodies upon 
default of the Applicant as hereinafter pro- 
vided. 
Subject to the foregoing provisions, the 
Proprietors agree to sell and the Applicant 
agrees to purchase the use of the burial lot 
situated in the Pittsfield Cemetery known 
and distinguished on the map of said ceme- 
tery as No. in Section, which lot 
contains approximately square feet 
of land, for the sum of Dollars 
($ ), which sum the Applicant agrees 
to pay the Proprietors as follows : 
h'irst. 10 per cent of said purchase price 
at or within ten days from the date of this 
agreement. 
Second. F) per cent of said purchase 
price on the calendar quarter day, namely, 
the first of January, April, July, or October, 
occurring next hereafter, with 8 per cent 
interest thereon from the date of this 
agreement until said sum is fully paid. 
Third. Three months after the 15 per 
cent payment above provided for the Ap- 
plicant will pay 25 per cent of said pur- 
chase price, with interest thereon at the 
rate of 8 per cent per annum from the date 
of this agreement until fully paid. 
Fourth, Three months after the said 25 
per cent payment the Applicant will pay 
another 25 per cent of said purchase price, 
with interest thereon at the rate of 8 per 
cent per annum from the date of this 
agreement until fully paid. 
Fifth. Three months after the payment 
provided for in the last preceding para- 
graph the Applicant will pay 25 per cent of 
said purchase price with interest thereon 
at the rate of 8 per cent per annum from 
the date of this agreement until fully paid. 
And the Proprietors, upon receiving such 
sums at the times and in the manner speci- 
fied, shall execute and deliver, in the form 
adopted by the Proprietors, a deed of said 
lot to the Applicant, who shall then become 
the owner thereof. 
It is agreed that upon the execution 
hereof one (1) burial can be made in said 
lot and that no other or further interment 
shall be made in said lot, unless all install- 
ments then due with interest due thereon 
shall have been fully paid, and all other 
claims of tbe said Proprietors then ma- 
tured shall have been liquidated. 
■And tbe Applicant agrees that no foun- 
dation or monumental work shall lie erect- 
ed in or upon said lot until after the final 
payment shall have been fully made and a 
deed properly executed and recorded upon 
the books of the Proprietors: but it is 
agreed that should the Applicant so desire, 
all payments may be anticipated and paid 
at any time in advance and the Proprie- 
tors will then execute a deed to the Appli- 
cant. 
To enable the Proprietors to maintain 
and beautify its cemetery as a whole and 
to encourage the wise and uniform service 
of the public in every proper manner, it 
is understood and agreed that time is and 
shall be considered as of the essence of 
this agreement, and in case of default in 
any payment hereunder upon the date here- 
after provided for, the license to bury in 
said lot is and shall thereby immediately 
be revoked and terminated, and the Propri- 
etors shall have the right and privilege to 
terminate this agreement of sale and pur- 
chase by giving the Applicant written no- 
tice of such cancellation by mailing the 
same to his address as hereinbefore given, 
and the Proprietors may cause any body 
or bodies which are buried on said lot to 
be removed to some other location in said 
cemetery. The Applicant does hereby agree 
tbereupon to hold the Proprietors harm- 
less from any liability for such removal 
Grave Frame for 
Every cemetery superintendent is fa- 
miliar with the awkward and often trying 
situations that develop at the graveside in 
GltAVE FRAME IN USE. 
and relinquishes all right or interest in 
said lot, agreeing that any amount paid by 
the Applicant on the purchase price of said 
lot shall be applied to pay the expense of 
such removal and any other expenses here- 
in provided for, and the balance, if any, 
returned to the Applicant. 
Nothing herein contained, however, shall 
be construed to limit or restrict the right 
of the Proprietors to enforce and collect 
by suit or otherwise all sums agreed to be 
paid hereunder in case the Proprietors do 
not elect to terminate this agreement of 
sale and purchase upon default by the Ap- 
plicant hereunder as hereinbefore provid- 
ed, and the Proprietors may, upon the Ap- 
plicant’s default in this agreement, con- 
tinue same as an agreement of purchase 
and sale and may, at the additional ex- 
pense of the Applicant, do all work and 
grading necessary to make the said lot con- 
form to the general planting and land- 
scape plan of this portion of the cemetery, 
and collect the said purchase price instal- 
ments and interest as above provided for, 
together with interest at the rate of 8 per 
cent per annum on each installment from 
the date when same becomes due. 
In ^Vitness Whereof, the said The Pro- 
prietors of the Pittsfield Cemetery has 
hereunto affixed its corporate seal and 
caused these presents to be executed by 
its proper officers and the Applicant has 
hereunto set hand and seal the day 
and year first above written. 
The Proprietors of the Pittsfield 
Cemetery, 
By 
Treasurer. 
Superintendent. 
Witness : 
Witness : 
Use at Intermennt 
the management of the pallbearers and the 
handling of the casket, and any device or 
method that will alleviate the tension to 
all concerned will be welcomed by both 
cemetery officials and undertakers. 
The work of the pallbearers is especial- 
ly difficult when they are approaching the 
graveside and placing the casket in posi- 
tion. 
J. A. Wendorph, superintendent of Rose- 
land Park Cemetery, Birmingham, Mich., 
has made the handling of the casket easier 
by the use of a frame of his own construc- 
tion, raised above the grave to receive the 
casket. The frame is made 16 inches high, 
the exact size of the grave, and is made 
wide enough to set the lowering device on. 
This brings the device about the right 
height from the ground to easily carry the 
casket over it, and deposit it on the web- 
bing of the device. This enables the bear- 
