Legal Question in Civil Litigation in Massachusetts
Care in Perpetuity
My two Great Aunts are buried in a cemetary in Gloucester Massachusetts. The Cemetary dates back to the 1600's and was in use until the early 1900's. My Aunts were laid to rest there before 1910. The Cemetary is a mess - graves have been opened and desecrated, markers are missing, it is completely overgrown and in ruin. No one will claim responsibility - What can I do to hold those accountable for not caring for my family members in perpetuity? Is it ultimately the City? I can't believe this is what my Great Grandmother envisioned.
2 Answers from Attorneys
Re: Care in Perpetuity
Each state has different laws regarding the care of cemetaries. I would suggest contacting a Mass. lawyer for advice. I would expect, having been to Glouster and knowing the New England reverence for history, that they would be very protective of the dead.
Re: Care in Perpetuity
Up until about 1920, Massachusetts allowed private individuals to own cemetaries. While the law has changed, it has no
effect on cemetaries owned by individuals before the change. It is very possible that a person owned this and has since died.
It is also possible that a charitable foundation owns the cemetary. A title search is a good way to learn the owner's identity.
You could also contact town hall in Gloucester. They may be able to tell you who owns the cemetary.
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