PARK AND CEMETERY. 
526 
etery even as rising to the dignity of an 
easement. In Kincaid’s Appeal, 66 Pa. 
411, 5 Am. Rep. 377, Page vs. Symonds, 
63 N. H. 17, 56 Am. Rep. 481, Part- 
ridge vs. First Independent Church, 39 
Md. 631, and Dwenger vs. Geary, 113 
Ind. 106, 14 N. E. 903, such a right is 
treated as something in the nature of a 
license — a mere right of burial. 
A very extensive and learned note to 
the case of Waldron’s Petition, supra, 
will be found in 67 L. R. A. These cases 
and many others are collated and com- 
mented upon. The reason which con- 
trols, whether expressly stated or only 
by inference to be found in the opinions 
delivered by the various courts, is pos- 
sibly as well expressed by the Supreme 
Court of Rhode Island in the case first 
referred to as elsewhere. In that case, 
as has been stated, it was held that a 
burial lot did not pass under a general 
residuary devise, but descended to the 
heirs as intestate property. Said the 
court: “It is a family burial lot. It is 
Among the acts passed by the 
Sixty-First Congress was one re- 
quiring the Federal government to 
take over and maintain the Confeder- 
ate Cemetery at Springfield, Mo. 
The Texas legislature has appro- 
priated $2,000 for the purpose of 
erecting a monument to the memory 
of ]\Irs. Elizabeth Crockett, who is 
buried in Acton Cemetery, Hood Co., 
Texas. 
It is announced that the mausoleum 
to be erected in Riverview Cemetery, 
South Bend, Ind., will be one of the 
finest in the state. Considerable im- 
provement in the avenues is to be 
carried out this year. 
Last month Governor Dix, of New 
York state, exercised for the first 
time his veto power and disapproved 
the bill of Assemblyman Miller, au- 
thorizing the Maple Grove Cemetery 
Association, of Worcester, Otsego 
county, to accept a gift of at least 
$1,000 in trust, to use the income for 
the care and improvement of a cer- 
tain private burial lot. The governor 
says the bill is unnecessary special 
legislation. 
In addition to re-electing the old 
board of managers, the Fairmount 
Cemetery, Newark, N. J., lot owners 
have ruled a second time against the 
admission of automobiles into the 
grounds. 
that fact alone which gives a peculiar 
limitation to its tenure. The heir takes 
subject to all the conditions for which 
the ancestor held it. A sort of trust 
attaches to the land for the benefit of 
the family. Neither the widow nor the 
child can be excluded from it for want 
of title, yet such a result might follow 
if the tenure was like that of other real 
estate.” 
We are satisfied that these holdings 
are sound, and that if this lot purchased 
by the executor had been acquired by 
the testator himself in his lifetime, it 
would not have passed under his will 
dividing in general terms his estate be- 
tween his widow and his children, but 
that as in a case of intestacy, it would 
have gone to his heirs, as a place of 
sepulture for Governor Brown and his 
widow, and those who were of Gov- 
ernor Brown’s blood ; and that the de- 
fendants, J. E. and Narcisa Sanders, 
would not have acquired even an ease- 
(Concluded on page VIII) 
The old Masonic Cemetery of forty 
acres in the heart of San Francisco, 
Cal., extending along Turk street, 
from Parker avenue to Masonic ave- 
nue, is to be sold for building lots 
and the bodies of numbers of pioneer 
San Franciscans are to be removed 
at once to a new burial ground of the 
order across the San Mateo line. It 
may be that within a year the cem- 
etery will become a residential dis- 
trict, with broad streets. This pro- 
ject is revealed in a petition filed 
with the Superior Court recently 
wherein the Masonic Cemetery As- 
sociation asks permission to sell the 
property. 
The citizens of Redwood City, Cal., 
are stirred to action over the vandal- 
ism and desecration perpetrated in 
Union Cemetery, where many of the 
state’s leading pioneers rest. The 
official attention of the town trustees 
and the Woman’s Club have been 
called to these conditions. 
The City Treasurer of Norfolk, Va., 
has paid over to the Calvary Cem- 
etery Annex Corporation $15,510.54 
of the purchase money of the Calvary 
Cemetery annex, the purchase of 
which, for colored cemetery purposes, 
was recently authorized by the Nor- 
folk City Council, after a long drawn 
out fight over the deal. 
The Confederate veterans of Mis- 
souri are generally much elated over 
the passage of the law providing for 
the care of the Confederate Cemetery 
at Springfield, Mo. 
John D. Rockefeller, Jr., has bought 
of the Lake View Cemetery Associa- 
tion, Cleveland, O., five acres of their 
land having a frontage of 1,100 feet 
on Superior avenue, for the purpose 
of improving Superior avenue at that 
point. The price is said to have been 
between $13,000 and $15,000. This is 
a gift to East Cleveland. 
An era .of cemetery vandalism 
seems to be opening up again. On 
the night of March 4 the safe of the 
Bloomington Cemetery Association, 
Bloomington, 111., was blown open 
and a small amount of cash was 
taken. Mr. A. J. Graves, the super- 
intendent, reports a curious incident 
as follows: “On. returning from lunch 
I found on the porch of our lodge 
this letter: ‘Mr. A. J. Graves: Please 
arrange to have me put in my grave. 
You will find me on my lot. En- 
closed check to pay expenses, to have 
me put in grave and to take care of 
my grave ($150.00), the other check 
($25.00) please to give to Salvation 
Army. Chris. G. Friedrich.’ I went 
at once to the lot expecting to find a 
subject for interment, but we could 
not find any trace of the man; he 
came to the cemetery at 11:30, went 
to his lot and then disappeared. Po- 
lice were notified and watch was kept 
the balance of the day, but nothing 
was heard of him and no one was 
found who knew him. “Next day at 
5 a. m. the report of a revolver was 
heard and at 6 o’clock he was found 
dead. We used $75.00 for funeral ex- 
penses and $75.00 for perpetual care 
of lot.” 
Relocation of the Congressional 
Cemetery outside of the city limits 
of Washington, D. C., is again being 
agitated by the East Washington Cit- 
izens’ Association. It is again 
broached after a lapse of twenty 
years. A resolution was passed urg- 
ing that no more burials be made 
and that it be ultimately abandoned. 
The suit of the Union Cemetery 
Association to enjoin Kansias City 
against stopping burials in its grounds 
has been heard by Judge O. A. Lucas 
of the Circuit Court. The cemetery 
claims perpetual life under its char- 
ter and, as a burial ground, pays no 
taxes. Shocking, conditions are claimed 
on the part of the city. 
A fire, caused through the burning 
of stubble on a neighboring farm, did 
considerable damage in the Musca- 
tine Island Cemetery, Muscatine, la. 
It burned a path 150 ft. wide through 
CmETERY NOTES 
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