Rules and Regulations of the Makawao Cemetery Association (Continued)

Rule 24.

The person named in the Ownership Certificate issued by the Cemetery will be presumed to be the Owner of the Interment Rights, unless the Cemetery approves in writing the transfer or assignment of ownership in accordance with these Rules. All Ownership Certificates issued to individuals shall, unless stated otherwise, be presumed to be the sole and separate property of the Owner named in the Ownership Certificate.

Rule 25.

Upon receipt of a court order by a court having jurisdiction over the estate of a deceased Owner, the Cemetery shall revise its records to reflect the ownership of the Ownership Certificate in accordance with such court order.

Rule 26.

If an Owner dies without having transferred unused Interment Rights either by a specific devise in the Owner’s will or by a written direction furnished to the Cemetery, any such unused Interment Rights descend to the heirs at law of the Owner in accordance with the laws of descent and distribution of the state in which the Cemetery is located, subject to the Interment Rights of the deceased and his or her surviving spouse. In case of multiple owners, it is the responsibility of said co-Owners to assign two co-Owners to a new Certificate. Where such transfer of ownership results in multiple Owners of any Interment Rights, each co-Owner shall have the right to be interred in any interment space of the co-Owners which has not been used at the time of that co-Owner’s death, and the consent of the other co-Owners shall not be required for any such interment, however, no co-Owner may convey an Interment Right, or authorize the interment of anyone other than a co-Owner, without the written consent of all other co-Owners of said Interment Rights.

a. For Plots in which Ownership Certificates were either lost, destroyed, unissued, or distributed to an owner that has since deceased, it is necessary for the Cemetery to establish a process in which it can determine who retains the authority to manage said Plot. The Cemetery has records of the parties that were issued the original Certificates for each of the Plots. If the Owner that was issued the Certificate has died, evidence of the death and assignment of the Certificate to a third party shall be provided to the Cemetery. If no such assignment exists, the known heirs of said deceased Certificate holder shall meet and a majority of the known heirs shall appoint a person to have the authority to manage said Plot, consistent with the Rules of the Cemetery. All known heirs of the deceased Certificate holder shall be provided notice, by the heir seeking ownership, of this matter. The person(s) appointed by a majority of the known heirs of the deceased Certificate holder shall provide written notice of his, her or their appointment, and the appointed person shall release and indemnify the Cemetery for its reliance on the written notice by signing and returning to the Cemetery the Release Agreement.

Rule 27.

When there are two or more Owners, they shall designate one or more persons for the purpose of granting authorization for interments, memorialization, etc., with respect to the Interment Rights of such Owners. Any such designation shall be made in writing and delivered to the Association. In the absence of such designation, the Association shall not be liable for acting on any direction of any co-Owner, provided no other co-Owner has notified the Association of an objection prior to the Association’s acting on such direction.