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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 Chancellor granted a faculty to authorise a black granite memorial in the churchyard: " ... given the presence of so many examples of black granite memorials in this churchyard, it would in my judgment be unconscionable in this case to refuse consent for one more such memorial ..."

The petitioner wished to place a memorial to her late brother on the family grave in which his cremated remains had been interred. The proposal was for a wedge shaped polished black granite memorial, 18" by 12", with gold lettering. At the head of the grave was an upright polished black granite memorial with gold lettering, bearing the names of the other members of the family whose remains had been interred in the grave. Two family members objected that the proposed memorial would dominate the grave. There were said to be other black granite memorials with gold lettering in the churchyard. The Chancellor refused to allow a wedge shaped stone, but said that in the circumstances he would permit "a 12” cube in polished black granite and bearing the proposed words in gold lettering".

The petitioner wished to erect in the churchyard a memorial to her parents. She proposed two alternative designs. One design showed the head and arms of an angel with wings down each outer edge of the memorial. The alternative design replaced the angel with a small image of a dove, but also had wings running the height of the memorial. The Chancellor decided that the memorial designs were outside the range of what was appropriate to the location, by reason of the angel and its wings. He refused to grant a faculty for either design but, if the petitioner wished, a faculty would be granted for the memorial without the angel and the wings.

The grave of the petitioner's maternal grandparents was marked by a dark grey granite memorial in 1985. (The churchyard contains mostly memorials of the yellowish brown sandstone quarried locally.) Subsequently, the cremated remains of the petitioner’s aunt and her husband were buried in the plot and a dark granite cube memorial was installed. The petitioner's father and mother died in 2018 and 2019 respectively, and the petitioner now wished to place dark grey granite kerbs around the grave and add a desk-type memorial within the kerbs. Whilst the Chancellor considered it unfortunate that a dark grey granite memorial had been erected on the grave, a number of other dark grey granite memorials had been introduced into the churchyard, and she considered that a decision to require the use the local sandstone would not be appropriate: "either the memorial for the Petitioner’s parents would not match the existing memorial features at the plot, or the Petitioner would be obliged to replace the headstone and memorial cube to avoid this." She also considered it arguable, given the location of the cube memorial, that the addition of the kerb sets would both improve the appearance of the grave and ease its maintenance. She therefore granted a faculty.

The Petitioner sought permission retrospectively for a wooden surround and blue slate chippings installed without permission and contrary to the diocesan churchyards rules on a grave containing the remains of his grandparents. The Chancellor determined that there was no proper basis on which to permit a faculty. She therefore dismissed the petition and authorised the Parochial Church Council to remove the wooden surround and blue slate chippings.

The petitioner applied for permission to erect in the churchyard a memorial to her late husband, the memorial to be of polished black granite with gold lettering, both of which features are outside the churchyards regulations. Alongside the rectangular upright stone and connected to it was to be an upright column extending a little higher than the stone and bearing for almost its full height the image of a cross with a rose entwined around it. From a number of photographs, it was clear to the Chancellor that the churchyard contained many memorials which did not comply with the regulations, including a large number of black granite memorials with gold lettering. In the circumstances the Chancellor determined that it would be unfair to the petitioner to refuse to grant a faculty. Accordingly, he directed that a faculty be issued.

A proposed memorial inscription included the words "Husband, Dad and Pop". The incumbent did not feel happy about agreeing to the use of the word "Pop". An application was made for a faculty. The Diocesan Advisory Committee had no objection. The deceased's daughter claimed that "Pop" was a word in popular use in Cumbria, being a term commonly used to refer to a father or grandfather. The Chancellor decided on balance, and on the facts of the particular case, that it would be pastorally insensitive to refuse the faculty sought, and he accordingly granted a faculty.

This was an application for a confirmatory faculty in respect of a memorial, a vertical slab of black marble, with gilt lettering, mounted on a horizontal plinth, spanning two plots in an area for cremated remains, and the only vertical memorial in that area. The memorial also contained small engraved images of the two persons commemorated. The Chancellor refused to grant a confirmatory faculty for the upright memorial, but authorised its replacement within 12 months by a double-width horizontal memorial of similar design.

An application for a memorial was refused by the priest-in-charge, as it was outside the churchyards regulations as regards the proposal to include a photograph of the deceased. The applicant was advised to apply for a faculty. The stonemasons subsequently installed the memorial, including a photographic plaque, without the authority of a faculty. An application was made for a confirmatory faculty. The Chancellor granted a faculty allowing the photograph to remain for a period of 18 years, the life expectancy of the applicant plus 3 years, after which the photograph must be removed. The Chancellor stated that the stonemasons were at fault in not being aware of the restrictions against photographs in the churchyards regulations and installing a memorial without lawful authority. She directed that a special citation be issued to join the stonemasons as a party with a view to issuing an order for the costs of the faculty application to be paid by them.

The Chancellor authorised for each of two separate churchyards 'bespoke regulations' as to the types of memorial stone which may be permitted.