Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-23
QUESTION OF TITLE
CONTROVERSY OVER OWNER
SHIP OF LOCAL CEMETERY,

The question of whether the CongreSSion-
al cemetery is the property in absolute
title of the Washington Parish. Protestant
Episcopal Church or whether it is held In
trust by the parish will be submitted to the
local courts for decision IL the report OF the
executive committee of the Lot Owners
Association OF the cemetery, criticlzing the
management of the affairs of the burial
grounds and preferrng charges against
the parish, results in litigation as is expect
ed. 1t is stated to be the contention of the
church authorities that the parish has fuii
control over the cemetery by legally vested
ownership, the claim of the lot owners
committee that the church has authority by
virtue of a trust being denied.
The controversy, ii is stated will soon be
taken to the District Supreme Court by the
Lot Owners Association. This action will
be welcomed by the Washington parish as
affordIng the best means of settling the
question. according to the statement made
by one in position to speak on behalf of
the church.
The investigation giving rise to the report
containing the charges against the parish
was determined upon at a meeting Of the
Lot Owners Association held last month
The meeting was called on account of dis
satisfaction on the part of the lot owners
with the management of the affairs of the
cemetery and also to consider a bill pend
ing in Congress, which the lot owners be-
lieved would have the effect of impairln2
the beauty of the cemetery by the sale OF
burial sites from the lawns and other re-
served spots in the grounds. Mr.. James +.
Scaggs presided at the meeting and the
matter was referred to committee con-
sisting Of Judson T. Gull, John H. Shelton.
William Henry Dennis, L. Edward Clark
and Julius w. Tolson.
Statement by Mr.. Scaggs.
Speaking of the developments, Mr.. Scaggs
stated that the action of the lot owners
was taken for the sole purpose of preserv-
ing the cemetery and providing for its fu-
ture proper management. He explained that
the claim of the committee is that the
church has no title to the cemetery, except
in trust. Mr.. Scaggs denied that the lot
owners had been actuated by any motive OF
prejudice against Washington parish.
In Its report the committee states that as
careful an examination as possible under
the circumstances has been made into the
matter. Complaint is made that the vestry
of Washington parish refused two applica-
lions for permission 70 examine the books
of the cemetery.
Tracing the origin of the cemetery, the
committee sets forth that the first deed,
conveying the property for the purposes for
which 1t is now used, was an instrument
bearing date of March 25 1908, transfer
ring square 1115 from Thomas Munroe to
Henry Ingle The report states that I'm
the deed occurs this recital Whereas 1t
appears that square 1U2o, heretofore appro-
priated for and used as a burial ground,
is an ineligible site for that purpose. In
consequence of its low and wet situation,
for which reason a number of the inhabi-
tants of this city have contributed toward
the purchase, enclosure and improvement
of a more suitable site, and have nominated
Mr.. Henry Ingle their agent to purchase
and receive a conveyance Of such site.
These are therefore to certify that the I'M
dersigned superintendent of the city of
Washington, on the fifteenth day OF April
last, sold to said Henry Ing1e, for the cum
of $500. all that square or portion Of ground
in the city of Washington designated and
numbered on the plan of the city 1116 as
and for the use and purpose of a burial
ground for all denominations of people, sub
ject to such regulations as the vestry OF
Washington parish in the Territ~ry of Col
umbia shall legally ordain and establish;
provided, however. that such regulations
shall appropriate and set apart one-fourth
part of the square hereby sold for the
gratuitous internent of those inhabitants
who may die without leaving means of pur-
lege of burial therein"
Title Alleged to Be in Trust.
1t is contended that the title to the GEM
etery rests in trust, the report pointing
out. from the standpoint of the lot owners,
that Henry Ingle. by deed dated March
q. 1912, conveyed the square to the vestry
and conditions contained In the deed from
Murroe to him"
A member of Christ Church, speaking for
the vestry states that the cemetery ground
was originally owned by g. stock company,
which sold it to Henry Ingle, a vestryman
of Christ Church, for $500. The following
year, 1t was asserted, Mr.. Ingle sold 1t to
the vestry for the sum of $500 an abso-
Lutte title to the property being given