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Policies and Definitions
Policies and Definitions
Policies and Definitions
The rules and regulations of Holy Trinity Church are adopted and apply to the Marie V. Fontaine Memorial Wall (hereafter “Memorial Wall”) for the common protection of all Niches and the preservation of the memorialization of the Memorial Wall. All purchasers of Niches and visitors shall be subject thereto and to such other rules and regulations, amendments or alterations as have been or shall be adopted by Holy Trinity Church and trustees form time to time.
Reference to these rules and regulations in the deeds, grants, contracts, or other instruments issued shall have the same force and effect as if they were set forth in full herein.
Shall mean a permanent structure, building or room, owned by Holy Trinity Church, containing Niches or other suitable spaces for the permanent memorialization of cremated human remains.
Shall mean the discrete chamber designed, constructed and intended for use as a permanent respiratory for the entombment of cremated human remains, enclosed in an urn.
Shall mean the permanent placement of cremated remains in a Niche, or space in a columbarium, mausoleum or tomb owned either privately or by Holy Trinity Church. The grant or entombment right in a Niche gives only a right of entombment of the cremated remains. The ownership in fee to land and structure shall remain solely with Holy Trinity Church.
The capacity of each niche shall be stated on the grant thereof and on the plan of the Memorial Wall which shall be kept on file at the office of Holy Trinity Church. The capacity shall be no more than two (2) cremated remains entombed in each single niche.
Is the sole purchaser of the rights of a Niche designated in the Grant of Niche by Holy Trinity Church.
Conveyability And Devolution Of Purchaser’s Rights
The grantee of a Niche may not convey it without first offering it back to Holy Trinity Church. The Church may "buy back" the Niche at the same price originally paid by the Grantee, but only if no entombment has been made therein; otherwise the Niche may not be conveyed. If a sole purchaser dies intestate, right of entombment in the Niche shall vest in his or her heirs-an-law, but his or her spouse shall have a right of entombment therein which may be released. A sole grantee may, however, devise a Niche by express disposition or other mention of it in his or her will but subject to the right of his or her spouse to entombment therein, and if an entombment has been made therein devise may be made only to a member of his or her family or a member of the family of the person entombed. If a sole purchaser fails to make such express disposition or other mention of the Niche, it will not pass under the residuary or other general clause of his or her will, but will vest in his or her heirs-in-law irrespective of whether or not a member of his or her family shall be entombed therein at the time of his or her death. Devisees or heirs-in-law may convey their undivided interest to one another only and are otherwise subject to the limitations on conveyance and testamentary disposition which apply to a sole purchaser.
Upon the death of any Grantee of a Niche, whether the sole purchaser or a successor, it shall be the duty of the person or persons succeeding to his or her rights to file with Holy Trinity Church, satisfactory proof thereof including if such Grantee died intestate, a certificate or other such authenticated copy of his or her will as allowed by the court and otherwise a true statement giving the names of all his or her heirs-in-law. Holy Trinity Church reserves the right not to permit any entombment in the Niche until such proof is presented.
Representative Of Niche
After the death of the Grantee of a Niche, the Grantee’s spouse, having a right of entombment therein shall be the representative for that Niche, or among the devisees or heirs-in-law. The representative shall have authority to act for all devisees or heirs-in-law in all matters respecting the Niche.
Removal Of Entombed Cremations
Except upon final order of a court having jurisdiction, the removal of cremations previously entombed in a Niche is permitted only with the written consent of Holy Trinity Church.
Destruction Or Damage To Niches
If the Niche is destroyed or damaged for any reason, Holy Trinity Church may cause any cremation entombed therein to be either (1) promptly entombed elsewhere or (2) temporarily placed in a receiving tomb pending restoration of the Niche. After restoration of the Niche the remains shall be re-entombed therein.
No entombment shall be permitted in any Niche for which full payment has not been received.
Urn Or Container Required
No cremated remains shall be received for entombment unless it be contained in an urn or other suitable durable container, sealed and leak-proof. Holy Trinity Church shall not be responsible or liable for any defects in the urn or container. Incase of said defect, the Grantee, his or her heirs, administrators, executors or assigns shall assume and be liable for any resulting damages there from, including expenditures incurred to remedy same.
All inscriptions on Niche panels shall the same “Roman” font as selected by the Memorial Wall Committee. Six lines of inscription or less permitted.
Removal Of Panels
Niche front panels may not be removed or otherwise disturbed in any manner, except as approved by Holy Trinity Church.
No ornamentation, structural change, or additions shall be made on or about any Niche, and Holy Trinity Church reserves the right to remove any such ornamentation or correct any such alteration at the expense of the purchaser without being deemed guilty of any manner of trespass.