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Alphabetical Index of all judgments on this web site as at 10 September 2024

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Memorials

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The executor of a widow wished to carry out the late widow's wishes by erecting on her grave a memorial similar to that on the grave of the widow's husband in the adjacent grave. The husband's memorial stone was a polished dark grey granite stone with an asymmetrical pointed top, with a carving of a church window on it and with gold lettering. Notwithstanding that the diocesan churchyards regulations did not permit a parish priest to allow a polished stone with gold lettering, the Chancellor, in the special circumstances of this case, allowed a matching memorial.

The petitioner wished to erect a memorial to her late father. The design of the memorial had a number of features outside the churchyard regulations. The Diocesan Advisory Committee did not recommend the proposed use of the words “Sunrise” and Sunset”, the proposed tablet at the foot of the grave or the inscription “See you on the other side.” Whilst the priest-in-charge and Parochial Church Council would not normally agree to a “non-standard” memorial, they were prepared to make an exception in the present case as there was a similar family memorial nearby, some three plots away. They also seem to have taken into consideration the fact that the grave is about 90 yards from the church, and at the edge of the churchyard. The Chancellor granted a faculty approving the memorial, apart from the proposed tablet at the foot of the grave.

The Petitioner applied for permission to erect a memorial to her son, who had been tragically run over and killed by a motor car. The memorial as installed bore features which were not mentioned in the memorial application - black stone; gold lettering; a photo plaque; the insignia of a football club; and the club colours (red and white) painted in alternate stripes along the edges of the memorial. The Chancellor directed that the edges of the memorial should be painted black, and the photo plaque should be removed or replaced with an incised, uncoloured portrait. In default of the amendments being made within three months, the Chancellor directed that the memorial should be removed from the churchyard.

A private individual applied for a faculty to authorise the cleaning of the war memorial in Tuxford churchyard and the re-colouring of the inscriptions. The Chancellor highlighted various difficulties presented by the matter: the status of the petitioner; the fact that originally the question as to ownership of the memorial had not been investigated; what should be the recommended method of cleaning; what should be the appropriate colouring of the lettering; and whether (as the memorial was listed Grade II) Listed Building Consent would be required. The Chancellor accepted that the petitioner had a sufficient interest to present the petition and that investigations after the lodging of the petition to establish ownership were unsuccessful. He granted a faculty authorising the cleaning of the memorial with plain water or steam cleaning and the re-colouring of the lettering only on a like-for-like basis. He also required that no work should be done until the local authority had confirmed in writing that Listed Building consent would not be required.