Legal descent of burial rights at cemetery.

Charleston, W. Va., City Code § 22-42

in effect

Sec. 22-42. - Legal descent of burial rights at cemetery. (a) The original purchaser of a right of interment at the cemetery may stipulate the person to receive the use of any remaining spaces. Such designation must be made in writing, signed and acknowledged before a notary public by the original purchaser either at the time of purchase or at a later date. The written designation shall be filed at the cemetery office. (b) If the original purchaser of a right of interment shall not have made such designation prior to his death, interments on such lot or interment space shall be made in the following order: (1) Space shall be reserved for the spouse whether marrying again or not, and such spouse shall have first right of interment to the exclusion of all other persons. (2) The direct lineal descendants of the original purchaser in nearest degree of consanguinity shall have the next right to interment in the order of their death. (3) If there remains unoccupied space after providing for interments specified in subsections (b)(1) and (2) of this section or if there is no lineal descendants of the original purchaser, the collateral kindred in the nearest consanguinity to the original purchaser in order of their death shall be entitled to interment. (4) Notwithstanding anything provided in this section to the contrary, the commission, or the cemetery superintendent, may in their sole discretion permit the burial on a lot or interment space of any person, whether or not belonging to any of the classes specified in subsections (b)(1), (2) and (3) of this section, who, by reason of blood kindred or family relationship to or by reason of close association with the deceased original purchaser or specified successor, or any person buried or presumptively to be buried on the lot or interment space, is deemed by the commission or the cemetery superintendent to be justly and equitably entitled to be buried on the lot or interment space, unless there shall be on file with the commission written objection to the burial of such person, duly signed and acknowledged by one or more persons of the class of nearest kindred then presumptively entitled to burial, in which latter case no burial outside the specific class of descendants of collateral kindred shall be made without the consent of such objector or objectors. (c) In case interment rights in the same lot or interment space shall have been granted to more than one person, such rights shall be held by them as tenants in common; and in case of disagreement between them, or between persons who shall be entitled after the death of either or both of such tenants in common, the commission shall be entitled to make partition of such lot or interment space in severalty, as in uncontrolled discretion it may deem most equitable and just, without such discretion being subject to the control of any court or without being answerable for its exercise. (d) In determining the ownership of rights of interment, the commission shall not at any time be bound to recognize any person as grantee or owner of any rights except a grantee named in the original conveyance and successors as specified in this section. Nor shall the commission in any way be bound to recognize any agreement or understanding affecting such burial rights not filed with and approved by the commission, and recorded by the city clerk. (Bill No. 7540, 10-1-2012)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH22CE_ARTIISPHICE_DIV1GE_S22-42LEDEBURICEFetched: 11/7/2026