Rest in Peace??

Noah, Louisa, and Martha Aldrich died over 150 years ago in Vermont.  They were buried in a private cemetery in Hartland.

J. Michel Guite petitioned the Woodstock Probate Court for permission to move the graves from the farm Guite is in the process of purchasing.

At first, Marcia Neal, the great-great-great granddaughter of Noah objected but later withdrew her objection after reaching some type of agreement with Guite.

Then, Jerome B. King object because he buried his parents’ cremains in the cemetery over 25 years ago when he owned the farm.

Judge Joanne M. Ertel rejected King’s petition because Guite was not asking permission to move the cremains of King’s parents.  Thus, King lacked standing to object to Guite’s petition.

Nonetheless, Judge Ertel chastised Guite as follows:

This court finds it difficult to fathom his persistence in the face of such widespread and heartfelt opposition. It’s hard to imagine introducing yourself to a community with an action the community finds abhorrent. Nonetheless, if he can find a legal basis, Mr. Guite seems to remain committed to obliterating the burying ground as it currently exists, grave by grave, legal issue by legal issue, until no semblance of it exists at its current location. * * *

Perhaps it is time for the Vermont Legislature to consider protecting the sanctity of old cemeteries because of the strong community sentiment expressed so eloquently by so many Vermonters who continue to have that strong sense of community, faith and tradition.  Consequently, the court will be sending copies of this decision to local legislators so that they may become aware of the communities concerns and consider addressing them.

See Gosh O’Gorman, Court OKs grave removal, Rutland Herald, June 27, 2008.

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.