57-38.2 - Proceedings by heir at law or descendant for removal of ancestor's remains from abandoned family graveyard. - Virginia Statutes

§ 57-38.2. Proceedings by heir at law or descendant for removal of ancestor'sremains from abandoned family graveyard.

Any heir at law or descendant of a deceased person interred in an abandonedfamily graveyard in which no body has been interred for twenty-five years mayfile a bill in equity in the circuit court of the county or city wherein theland is located for the purpose of having the remains interred in thegraveyard removed to some more suitable repository. The owner of the land,any beneficiaries of any reservation of rights, and all other persons ininterest, known or unknown, other than the plaintiffs shall be duly madedefendants. If any of such parties are unknown, notice may be given by orderof publication. Upon the case being properly matured for hearing, and proofbeing made of the propriety of the removal, the court may order the removaland the remains properly deposited in another place, at the expense of thepetitioner. The removal and reinterment shall be done with due care anddecency.

The bill may be filed and relief granted regardless of whether there has beena reservation of rights in the graveyard and regardless of whether thebeneficiaries of any reservation of rights desire to waive their rights. Indetermining the question of removal, the court shall consider the historicalsignificance of the graveyard and the wishes of the parties concerned so faras they are brought to its knowledge, including the desire of anybeneficiaries of any reservation in rights, and shall exercise sounddiscretion in granting or refusing the relief prayed for.

(1990, c. 562.)