PARK AND CEMETERY. 
195 
and the means of identifying can only 
be secured and preserved by separate 
burial. The due and decent preser- 
vation of human remains by separate 
burial is preeminently due to Chris- 
tian civilization, which bringing in 
the coffin and the sarcophagus, super- 
seded the custom of burning, and 
‘gave’ in Lord Stowell’s vivid phrase, 
‘final extinction to the sepulchral 
fires.’ ” 
That was written by a man who 
was esteemed as considerable of a 
scholar in America. 
The Court: I will have to hold, 
Mr. Black, that the body primarily 
belongs to the Government. No body 
can be disposed of by anyone without 
a permit from the proper authority. 
After the public is through with the 
body, where does it go? It goes, 
as far as right is concerned, to the 
person whose duty it is to dispose 
of it. The widow here is the heir 
of the decedent. To prevent the au- 
thorities from taking it, the widow 
must dispose of it. If she sees fit 
to take that method of burial which 
suits her and does not enter into 
conflict with the laws of Ohio, she 
has a right to exercise her wish ac- 
cording to her own conscience — her 
own religious or moral beliefs. It is 
unfortunate that these sisters’ feel- 
ings and consciences will be shocked 
by disposing of the body by crema- 
tion, but since it is not illegal and 
the law does not prevent it, this 
Court cannot interfere. The Court 
will order that an opportunity be 
given before incineration for the 
next-of-kin to see the body. 
MISSOURI CEMETERY ASSOCIATION MEETS 
The Missouri Cemetery Improve- 
ment Association held its annual 
meeting in Columbia September 10 
and the members were the guests of 
the Commercial club. The members 
present were Oscar Foelsch of St. 
Louis, a new member, A. E. Todt of 
St. Louis, J. A. Schmiemeier of St. 
Louis, William Mittelbach of Boon- 
ville and Mrs. Bessie Parker of Car- 
thage. Oscar McNear of Columbia, 
superintendent of the Columbia ceme- 
tery was also present as was A. E. 
Todt of St. Louis, president of the 
association. 
The meeting was called to order in 
the commercial club rooms at 10:30 
o’clock and the address of welcome 
was delivered by Dr. Woodson Moss. 
In his address Dr. Moss praised the 
work of Oscar McNear. 
Hon. N. T. Gentry, who is presi- 
dent of the Columbia Cemetery 
Association, made a brief speech in 
which he outlined the history of the 
cemetery in Columbia which con- 
tained more citizens that had gone 
to their last resting place than Co- 
lumbia contained living men. 
D. A. Robnett also made a speech 
on the co-operatiton of the under- 
takers and the cemetery association 
and J. A. Schmiemeier read a pa- 
per upon the handling of the crowds 
at the cemetery. 
It was reported that Sunday fu- 
nerals had been abolished in St. Louis 
except where contagious disease ren- 
dered necessary the immediate inter- 
ment of those that died. The speak- 
er, who is secretary of the St. Pauls 
and St. Peters Cemetery in St. Louis 
reported that there were on an av- 
erage of fifteen funerals a day in 
St. Louis cemeteries on Sundays. 
The meeting was marked by a 
number of informal discussions and 
the consensus of opinion was that 
there would be some legislation in 
regard to a perpetual fund for thte 
care of the cemeteries of the state. 
In the afternoon Prof. H. F. Ma- 
jors of the state university read a 
paper on trees and shrubbery in the 
cemeteries and was elected a mem- 
ber of the association by acclama- 
tion. 
The visitors inspected the Colum- 
bia cemetery and were shown its 
magnificent drives by Oscar McNear. 
After the return from the Ceme- 
tery A. E. Todt was re-elected presi- 
dent of the association by acclama- 
tion and Oscar McNear vice-presi- 
dent and Mrs. Bessie Parker of Car- 
thage, secretary. 
The meeting concluded by a ban- 
quet at the Virginia Grill in the even- 
ing at 8 o’clock at which the visitors 
were the guests of the Columbia 
Cemetery board and enjoyed a very 
pleasant evening. 
CARE AND MAINTENANCE OF PRIVATE TOMBS 
Where Tomb or Monument is Part of 
Church. 
There are a number of English 
cases which base an exception to the 
general rule upon the fact that the 
tomb or monument directed in the 
particular instance to be kept in re- 
pair is part of the fabric of a church; 
and so, being equivalent to a bequest 
in trust to keep the church in repair, 
a bequest for the maintenance of such 
monument falls within the exception 
to the rule against perpetuities which 
exists in the case of gifts to a char- 
itable use. 
Thus, in Hoare v. Osborne (1886) 
L. R. 1 Eq. 585, 12 Jur. N. S. 243, 35 
L. J. Ch. N. S. 345, 14 L. T. N. S. 9, 
14 Week. Rep. 383, 12 Jur. N. S. 243, 
where a testatrix bequeathed a sum 
of money to trustees upon trust to 
empower the minister and church 
wardens of a certain parish to receive 
the dividends and apply them in 
keeping in good repair and order the 
monument of her mother in the par- 
ish church, the vault in the church- 
yard in which she was interred, and 
the ornamental window which she 
directed her trustees to place in the 
church in memory of her mother, it 
was held that although the gift for 
the perpetual repair of the vault, 
which was not within the church, was 
void, yet that a gift for the perpetual 
repair of the church being a charity, 
the . provision relating to the repair 
of the window and of the memorial 
tablet in the church was a good char- 
itable gift. 
In Re Rigley (1867) 36 L. J. Ch. 
N. S. 137, 15 L. T. N. S. 499, 15 Week. 
Rep. 190, a bequest to trustees to 
apply the income to keep up testa- 
tor’s family vault in a churchyard, 
and also a monumental tablet erected 
by testator to the memory of his 
family in the parish church, and the 
fabric whereon and under which the 
same stood, and the railing in front 
thereof, was held to be for a valid 
charitable purpose so far as it related 
to the repair of objects within the 
church, but otherwise as to the vault 
in the churchyard. 
A bequest to the Dean and Chap- 
ter of St. Paul’s Cathedral upon trust 
to apply the income in the mainte- 
nance and upkeeping of a memorial 
tablet in the crypt of the cathedral, 
which is part of the fabric thereof, is 
a valid charitable bequest. Re Bark- 
er (1909) 25 Times L. R. 753. 
But in Willis v. Brown (1838) 2 
Jur. 987, a testamentary direction that 
a certain amount should be retained 
