The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-05-10
NI(lIil G EAGLE
NEW YORK CEMETERIES.
Strong Legal Protection Thrown Abou
Their Silent Tenants.

Strong Legal Protection Thrown About
Their Silent Tenants.
An interesting fact, and one not gen
orally known, is that after a man dies
and is buried in a cemetery in this
state his rights as a dead man are zeal
ously protected by law, and that this
protection is stricter often than is
vouchsafed to man while he is still
alive. Just what these rights of the
dead are is brought out in the suit
tried few days ago in which the heirs
and next of kin OF the late Edwin Hoyt
seek to secure the right to remove his
body and his wife's body from the fam
ily lot in Greenwood cemetery. The
trustees opposed this removal, and IN
their plea against disturbing the two
graves made public matters of moment
Gus interest to the living.
The first point of interest is that the
law of the state favors the theory tina,
the graves should remain inviolable.
and that the land used for burial pur-
poses should be exempt from specula,-
tive use. When a man buys a lot in
Greenwood or other cemetery it cannot
be sold after his death unless he has
left express authoritysfor such a sale IN
his will How zealously this provision
of law is carried out is proven by the
opposition of the cemetery trustees to
the removal of the Hoyt bodies on the
ground that Mr. Hoyt did not give
any authority to his heirs to dis
turb his remains. The Hoyt heirs
asked for permission to sell the
plot several years ago, before it had SO
greatly increased in value, but the
trustees informed them that they must
obtain legal permission to remove the
bodies from the graves. An applica-
ton for such permission was denied by
the courts, and the heirs then brought
the present action for a mandamuS di-
recting the cemetery trustees to permit
the removal of the remains. The owner
of q lot is further prohi bited from re-
ceiving any remuneration for permit
ting the use of the lot for interment
purposes to others. Opposition to the
removal of the Hoyt remains was also
made by the trustees, on the ground
that it would permit of speculative
use of the Hoyt plot. Cemetery lots are
sometimes offered for sale, bat they can
only be sold when the graves have not
been used, and cannot even then be
disposed of without the consent of the
cemetery officials, who are from policy
unalterablv opposed to sales made for
the purpose of financial profit solely.
An insight into the great increase 10
value of cemetery property is afforded
in the enhanced value of the Hoyt plot
1t is a circular plot containing 1900
square feet. or about eighteen ordinary
full burial lots The trustees show
that it was bought for 81, $50 forty years
ago and is worth to-day about $50. GOO
The cemetery trustees say that burial
property continues to increase in value
yearly, despite the mum Der of new
cemeteries esta blished in recent years
around New York. A full burial plot
comprises 3TS square feet, and admits
of the interment of fifteen adults,
the graves being arranged in three
rows, five in a row. When Green
wood cemetery opened in 1912
such a plot could be secured for $50
or 800. To-day, on the other hand, z
full lot in a good location cannot be Sc
cured for less than $500, and some Of
them sell as high as 1000 and $1,000,
while other full lots again, less favor
ably located, have been sold this year
for $500. Within the last two years the
price of lots has increased over 80 per
cent on small lots The cheapest of
the smallest lots, containing three
adult graves, sold for s155 in 1891,
which was more than the price of a fln
lot when the cemetery was opened.
This year the same style of lot sells
from $3.50 upward. These small plots
measure feet by 10 feet6 inches. The
sales at Greenwood last year amOunte1
to 3s7 lots, as against $40 in 1891. The
cemetery originally included but 10
acres 1t is now veritable city of the
dead. embracing 474 acres set aside for
the tenantry of its silent inmates.
Nearly $500, 900 was received by the
Greenwood trustees for cemetery lota
and for fees for the use of temporary
receiving tombs. This would afford
profitable return on money invested in
case the cemetery corporations were
run as money making institutions
Each lot owner would come in for a
share of the profits. But, in compii-
ance with the deed of incorporation,
the money accruing from the sale of
lots is turned into general fund for
the maintenance and improvement and
identifying of the cemetery grounds
This fund in the case of Greenwood
amounts to 81, sol, 900. 1t cost SIG, GEO
in 1892 to care for the graves in the
cemetery and to open othecs.-N. y.
Sun.