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CEMETERY
Inheritance/Ownership Rights
In the event of the death of a lot holder, all privileges of that lot holder pass to his/her family in the manner prescribed by Chapter 114 of the General Laws of the Commonwealth of Massachusetts. In brief, these statutes provide the lot holder’s spouse a vested right of interment in the lot. Control of the holder’s lot cannot be taken away from his/her lawful heirs through any general or residuary clause found in the holder’s will or last testament at the time of his/her death; if the lot holder wishes to redirect control of the purchased lot postmortem, he/she must specifically and clearly write out their intentions in a will or last testament. If the lot owner dies without specifically redirecting control of his/her lot, control of the lot shall vest in his/her heirs, but may be subject to the following limitations and conditions:
• If the lot owner leaves a widow and children, they shall have possession, care and control of the lot during their lives.
• If the lot owner leaves a widow and no children, the widow shall have possession, care and control of the lot during his/her life.
• If the lot owner leaves children and no widow, the children shall have equal possession, care and control of said lot during their lives. The survivor(s) of these children will inherit the same possession, care and control during their own life/lives. Beyond this, the laws of inheritance shall be in effect.
• Each qualified heir must share burial rights equally and jointly while vacant graves remain in the lot. Their individual right cannot be determined except at the time of their own burial, which automatically gives them the right to burial if they qualify in the sequence of inheritance.
• Any qualified heirs may release their right at any time. However, they cannot assign or transfer their right to any individual other than the other qualified heirs jointly.
• When all graves in a lot are occupied, the surviving heirs loose their rights.
If a lot owner has filed written instructions at the Cemetery Office defining which member(s) of his/her family will gain the right to all or part of the owner’s lot, the filed instructions will be recognized and followed by cemetery management. Cemetery management must determine whether or not the lot owner’s instructions are definite, reasonable, and practicable; all written instructions are subject to the surviving spouse’s vested right of interment.
Upon the death of a lot owner who jointly owns a lot with two or more other persons, the deceased owner’s lot-control rights shall pass to his/her survivors unless definitive instructions to the contrary are on file in the Cemetery Office.
Cemetery lots are indivisible. If two or more persons are entitled to the possession, care, and control of a lot, they must designate in writing to cemetery management which of them will represent the lot; and in default of such designation, cemetery management will determine which of the eligible persons will represent the lot. A widow may release his/her rights to a lot, but no other person may deprive him/her of such rights.
In view of the above statutes, the physical possession of a deed or certificate when it is not in the possessor's own name does not necessarily guarantee control of a lot.
Perpetual Care
All lots are sold with Perpetual Care included. The portion of the purchase price allotted to Perpetual Care will be invested, the interest of which will be applied to the care of the cemetery lots. Perpetual Care includes moving and trimming of grass, seeding, filling, and ordinary care of lots, but does not include care of monuments and markers.
Lot Care/Decoration
ALL WORK IN ST. BRIGID'S CEMETERY IS DONE BY CEMETERY WORKERS UNDER THE SUPERVISION OF CEMETERY MANAGEMENT.
NO ONE IS PERMITTED TO TAKE IT UPON THEMSELVES TO DO ANY WORK AT THE CEMETERY, ESPECIALLY BURIALS.
St. Brigid’s Church reserves the right to regulate the use of any or all lot decorations so that uniform beauty and dignity may be obtained throughout the cemetery.
• The planting of trees, shrubberies, plants, or flowers on lots is strictly prohibited.
• Fences, hedges, curbing, and any other lot enclosures are also prohibited.
• The use of vigil lights and stands, pictures, chairs, benches, glass containers, artificial flowers, and statuary other than those approved by the Pastor of St. Brigid’s Church is strictly prohibited.
• Flags, crosses, and any other temporary markers are prohibited from the cemetery unless approved by the Pastor of St. Brigid’s Church.
Decorations are allowed from:
No shrubs or artificial flowers are allowed. No more than two pots of flowers per lot. No glass containers. No objects with metal wires, prongs, or other hazardous material. The cemetery assumes no responsibility for the loss or damage of flower pots or other containers, even when inflicted by cemetery machinery, and reserves the right to dispose of these items at any time.
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