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.
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.
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.
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.
It shall be the duty of the Plot Owner to notify the Association of any change in his post office address. Notice sent by United States mail to a Plot Owner at the last address in the file of the Secretary of the Association shall be considered sufficient and proper legal notification.
The terms of the conveyance document to the Owner (as evidenced by the Certificate of Designation) and these Rules and regulations and any amendments thereto shall be the sole agreement between the Association and the Plot Owner or appointed administrator.