Hines v. State
| Decision Date | 07 December 1911 |
| Citation | 149 S.W. 1058 |
| Parties | HINES v. STATE. |
| Court | Tennessee Supreme Court |
Floyd Estill and G. H. Newman, both of Fayetteville, for plaintiff in error. Assistant Attorney General Faw, for the State.
Wm. Crawford, more than 60 years ago, set apart about one acre of his farm, in one of the cultivated fields, as a family burial ground or cemetery, and it was so used by him during his life, several of his family being then and there buried, and when he died he was there buried. His descendants since his death have used it as a family burying ground, and many of them are there buried. Monuments and gravestones have been erected and maintained over several of the graves, and from time to time have been repaired, and the cemetery put in order and otherwise cared for.
The portion of the farm surrounding the cemetery was devised by Wm. Crawford to certain of his children, and by various conveyances the same has come to and is now the property of the plaintiff in error. In none of these conveyances is there any express reservation of the cemetery.
The question presented in the record is whether the prosecutor and other descendants of Wm. Crawford have a right or easement of burial in the cemetery, and of ingress and egress for the purposes of burial, visiting, repairing, and keeping in proper condition the graves and grounds around the same.
We are of the opinion that they have these rights and may exercise them in a reasonable manner and at seasonable times, so as not to unnecessarily injure the owner of the farm in its cultivation and use.
When land has been definitely appropriated to burial purposes, it cannot be conveyed or devised as other property, so as to interfere with the use and purposes to which it has been devoted. When once dedicated to burial purposes, and interments have there been made, the then owner holds the title to some extent in trust for the benefit of those entitled to burial in it, and the heir at law, devisee, or vendee takes the property subject to this trust. The right of burial extends to all the descendants of the owner who devoted the property to burial purposes, and they may exercise it when the necessity arises.
They also have the right to visit the cemetery for the purpose of repairing, beautifying, and protecting the graves and grounds around the same, and for...
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