which dot the river shore in summer. Those 
who occupy the few houses still existing 
are principally quaint fishing people and 
old residents. The region abounds in wild 
flowers and those who enjoy picking these 
abundant blossoms of the woods and fields 
can have that pleasure in this beautiful 
park. The bald eagle and the fish-hawk are 
occasionally seen soaring above the tallest 
cliffs. Those who visit the Palisade region 
frequently will become familiar with the 
call of the hoot-owl, which frequents this 
region in great abundance. Foxes also 
abound there, so much so that the Borough 
of Englewood Cliffs, N. J., which includes 
adjacent territory, has been obliged to offer 
a reward for the coats of these reynards, 
as damaging inroads have been made upon 
the henneries. In addition to all these 
charms, there are numerous waterfalls, 
which are met with along the route from 
Fort Lee up to the northern limit of the 
park. One of the most beautiful of these 
streams is what is known as Greens brook, 
which falls over successive rocky terraces 
under the dense foliage, just below the vil- 
lage of Alpine, entirely hidden from the 
river so long as the leaves are on the trees. 
The Henry Hudson drive is to be one of 
the productions which is to distinguish the 
future labors of the commission. This 
drive will curve gracefully around the 
headlands and by easy grades it will dip or 
rise in order to avoid the monotony of con- 
formity to the water level. At one point 
it will tunnel through solid rock 200 feet 
above the river. When it reaches a point 
just south of Sneden’s Landing the drive 
will rise easily and sweep westward through 
a depression at that point, connecting with 
the highway leading northward to the mag- 
PARK AND CEMETERY. 
nificent state road through the Highlands. 
The plans provide for a boulevard similar 
in construction to the world-famous roads 
traversing the Swiss Alps and certainly sur- 
passing all other highways in picturesque 
beauty. The commission has made it a rule 
in planning for this great new boulevard 
to rule out all artificialism and has resolved 
to do everything possible to preserve the 
natural beauties of the region through 
which the road is to pass. 
While the work above outlined for the 
preservation of the Palisades was going 
forward to the fullest success, the project 
367 
broadened far beyond that of a park in- 
cluding the Palisades alone to one which 
should comprise a strip of territory includ- 
ing the most striking scenery in the High- 
lands of the Hudson. An impetus was 
given to this Hudson River Park plan by 
an offer from Mrs. Edward W. Harriman 
of 10,0C0 acres of land and $1,COO.OOO to 
the Park Commission for future operations. 
The gift was dependent upon the appro- 
priation by the state of New York of 
$2,500,000 and the voters soon after ap- 
proved of bonds to this amount being 
issued. 
SCENE IN THE NEW HUDSON RIVER PARK. 
SOME PROBLEMS OF CEMETERY LAW 
Succession to Title of Burial Lots. 
Who controls the lots? I should like 
to know who controls the lots in the fol- 
lowing case : A owned two lots, left no 
will and no children. His widow controlled 
it during her lifetime. They both have 
brothers and sisters living. The cemetery 
is incorporated under the statutes of Ohio 
relating to cemeteries. A’s deed records: 
“Said association hereby sells and conveys 
xxx for burial purposes only,” etc. — 
R. W. O. 
After an examination of the Ohio 
statutes and authoritative court decisions, 
I am of the opinion that A’s heirs have no 
interest in the lots, except to prevent dis- 
turbance of his remains, desecration of his 
grave, etc. ; and that any further right of 
burial is limited to the widow’s heirs, by 
virtue of her succession to ownership on 
A’s death. But, of course, all rights are 
subject to reasonable limitations contained 
in the deed or in the constitution or by- 
laws of the association during A’s life- 
time. 
It will be seen from the decisions re- 
viewed below that, as a general rule, it is 
held by the courts that title to burial lots 
descends very much in the same way that 
title to ordinary real estate descends, and 
under that test and the laws of Ohio gov- 
erning descent of property the heirs of 
A’s widow would take to the exclusion of 
A’s heirs, so far as the deed or the regu- 
lation permit burial of persons other than 
the immediate members of A’s family. 
In one of the latest cases- bearing upon 
the subject — Anderson vs. Acheson, 132 
Iowa Reports, 744 — the Iowa Supreme 
Court decided that on death of a lot- 
owner the right to use the ground as a 
burial place passed to his heirs. But the 
following language of the opinion in that 
case shows that the ownership of a ceme- 
tery lot is not absolute in the sense that 
one may have absolute title to ordinary 
real estate : 
“One who buys the privilege of burying 
his dead kinsmen or friends in the ceme- 
tery acquires no general right of property; 
he acquires only the right to bury the dead, 
for he may not use the ground for any 
other purpose than such as connected with 
the right of sepulture. Beyond this title 
does not extend. He does not acquire, in 
strict sense, an ownership of the ground. 
All that he does acquire is the right to use 
the ground as a burial place.” 
Similar decisions have been handed down 
by the highest courts of other states, in- 
cluding New Hampshire, Maine, Pennsyl- 
vania and Kentucky. 
In the case of Buffalo City Cemetery 
Association vs. City of Buffalo, 46 New 
York Reports, 503, the Court of Appeals of 
New York said that a cemetery lot owner 
acquires no such title “as makes him an 
owner in such sense as to exclude the gen- 
eral proprietorship of the association. The 
association remains the owner in general, 
and holds that relation to the public and to 
the government.” 
In the later case of Gardner vs. Swan 
Point Cemetery, 20 Rhode Island Reports, 
646, the same court said : 
