Legal Documents, 1883-1978 | The Green-Wood Cemetery

By Jordana Carlin, Elena Cordova, Carla De Luise, Kathleen Dowling, and Emily Chapin, Pratt School of Information Students

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Collection Overview

Title: Legal Documents, 1883-1978

Extent: 9.0 Boxes

Arrangement: The collection is divided into 32 series based on subject.

Subjects: Cemeteries--New York (State)--New York--History, Cemetery Attendants Union Local 365, Cemetery Rules and Regulations, Deeds, Labor unions, Law--interpretation and construction, Law - City, Law - Federal, Law - State, Lawyers--Accounting--History--20th Century, Legal Documents, New York State Cemetery Board

Abstract

The records included in this collection span the years 1883 to 1978 and provide insight into the legal and fiscal operations of Green-Wood Cemetery.

Scope and Contents of the Materials

This series contains legal and financial documents pertaining to many aspects of Green-Wood’s operations, from the acquisition of land to workmen’s compensation and the election of trustees. Record types include legal opinions, deeds, devises, liens, correspondence and ledger accounts. Of note are records pertaining to the National Industrial Recovery Act (series 21) and the Membership Corporations Law (series 18).

These subjects are reflected in other archival collections held at Green-Wood, but the focus of this collection is primarily legal and the overarching administration of the Cemetery.

Subject/Index Terms

Cemeteries--New York (State)--New York--History
Cemetery Attendants Union Local 365
Cemetery Rules and Regulations
Deeds
Labor unions
Law--interpretation and construction
Law - City
Law - Federal
Law - State
Lawyers--Accounting--History--20th Century
Legal Documents
New York State Cemetery Board

Administrative Information

Repository: The Green-Wood Cemetery

Processing Information: Accession #: 020-2014

Box and Folder Listing

Browse by Series:

[Series 1: Acquisition of Land],
[Series 2: Lot Inheritance by Adopted Family Members],
[Series 3: Arbitration],
[Series 4: Assessment],
[Series 5: Cemetery Avenues, Roads, and Paths],
[Series 6: Burial Permits and Rights],
[Series 7: Bylaws and Amendments],
[Series 8: Cemetery Board],
[Series 9: Crematory],
[Series 10: Deeds],
[Series 11: Devise],
[Series 12: General],
[Series 13: Labor],
[Series 14: Laws],
[Series 15: Ownership],
[Series 16: Accounts Payable],
[Series 17: Legacy],
[Series 18: Membership Corporation Law],
[Series 19: Monuments],
[Series 20: Mortgages],
[Series 21: National Industrial Recovery Act (NIRA)],
[Series 22: Real Estate],
[Series 23: Removals],
[Series 24: Restrictions of Interments],
[Series 25: Rules and Regulations],
[Series 26: Sewer],
[Series 27: Social Security Law],
[Series 28: Taxes],
[Series 29: Trust Funds and Perpetual Care],
[Series 30: Trustees],
[Series 31: Unemployment Insurance],
[Series 32: Workmen's Compensation],
[All]

Series 1: Acquisition of Land

Legal opinions regarding Green-Wood Cemetery's ownership and rights to acquire land.

Box 1

Series 2: Lot Inheritance by Adopted Family Members

Documents regarding the inheritance of Cemetery lots by adopted family members of the deceased lot owner.

Box 1 (cont.)

Series 3: Arbitration

Legal documents tracing Green-Wood Cemetery's dealings with the Cemetery Attendants Union, Local 365. The main issues discussed are the dismissal of cemetery workers by Green-Wood management and rights to pension payments and vacation days.

Box 1 (cont.)

Series 4: Assessment

Documents dealing with the Department of Finance, Green-Wood's assessment of sewer usage, and liability for grading cemetery roads.

Box 1 (cont.)

Series 5: Cemetery Avenues, Roads, and Paths

This series contains materials pertaining to the construction and maintenance of the cemetery’s avenues, roads, and paths.

Box 2

Series 6: Burial Permits and Rights

This series primarily consists of legal opinions regarding the right to burials of specific groups, including fetuses resulting from abortions and partners in Common Law marriages.

Box 2 (cont.)

Series 7: Bylaws and Amendments

Box 2 (cont.)

Series 8: Cemetery Board

This series documents decisions made or approved by the New York State Cemetery Board regarding the operations of Green-Wood Cemetery. Examples include increases in burial and cremation rates, the construction of the crematory, and creation of new burial lots.

Box 2 (cont.)

Series 9: Crematory

This series documents the creation, building, and operation of Green-Wood’s crematory. Materials include legal opinions, a summary of contacts with City officials regarding the proposed crematory, a feasibility report, and tax documentation.

Box 2 (cont.)

Series 10: Deeds

Includes original deeds of sale for cemetery lots and related records to such sales, including issues of taxation and deeds of conveyance. Materials primarily span the years 1900 to 1935.

Box 3

Series 11: Devise

These records refer to issues of legal devise between 1898 and 1959. A devise refers to a will, or a clause in a will, that disposes of land. Other similar documents include notes of conveyance, which are simply written documents that address the transfer of property. The majority of documents within this series deal with instances when cemetery plots had been left to heirs by the original owner, or living owners wanting to pass their cemetery land to a spouse, child, or friend. In several cases these records explicate how the cemetery handled difficult or opaque circumstances surrounding the bequeathing of cemetery land after a lot owner's death. Some documents also deal with the issue of disinterment.

Box 3 (cont.)

Series 12: General

The documents and records included in this series are general in nature and scope and span the years 1902 to 1963. Several documents speak to issues concerning the physical condition of the cemetery. For example, there are memos and letters debating whether the perimeter fence is on private or public land. Also included are documents relating to the cemetery's policy on removing dilapidated structures on the premises, specifically regarding issues of liability. Other documents in the series include issues of copyright and the Tiffany tomb, wages owed to deceased cemetery employees, and a boilerplate for the Nominee Designation Perpetual Care Funds from Chase Manhattan Bank.

Box 3 (cont.)

Series 13: Labor

This series contains legal opinions on labor laws, including vacation days for seasonal employees and proper employee conduct.

Box 4

Series 14: Laws

This series contains legal opinions on labor laws, including vacation days for seasonal employees and proper employee conduct.

Box 4 (cont.)

Series 15: Ownership

Box 4 (cont.)

Series 16: Accounts Payable

This series contains a ledger book documenting deeds of sale and accounts payable between the years 1917 and 1919. There are 154 deeds bound within the book and loose documents between the pages, most of which record correspondence between the cemetery's accounting and/or comptroller's office and lot owners. These loose documents are primarily receipts and balance due notices.

Box 5

Series 17: Legacy

Legacy refers to monies placed in trust for the perpetual care, maintenance, and upkeep of burial plots. Included in this series are correspondence and documents relating to: receipt of sums and release of liability notices, decrees of construction, decrees of distribution, orders of court, bequests, handwritten notes by lot owners, last will and testaments, appeals, renunciation forms, citations, notices of rates of interest, and petitions to open and amend transfer taxes.

Throughout the series frequent reference is made to the "Matter of Maverick," a legal case from 1909 involving the Estate of Ellen M. Maverick regarding transfer tax in which it was determined that money placed in trust for the upkeep of a testator's burial plot is not subject to transfer tax as it is part of burial expenses.

Folders are maintained in their original order as many legacies had been numerically labeled. Where possible, lot numbers attached to an estate are provided.

Box 6

Series 18: Membership Corporation Law

Membership Corporation Law governs nonprofit organizations. With regard to Green-Wood, this series focuses on an amendment to the law in relation to the Cemetery as a private cemetery corporation, and on the clarification of Green-Wood's rights through materials that include: correspondence, lawyer observation and analysis, photocopy of information pertaining to personal property law, amendments and acts to amend Membership Corporation Laws, and a series of cases.

Box 6 (cont.)

Series 19: Monuments

This series pertains to the maintenance, construction of, and liens against monuments at Green-Wood Cemetery. Materials included are letters, notices of liens, reprint of law regarding liens on monuments, and consent to erect monuments.

Box 6 (cont.)

Series 20: Mortgages

This series primarily consists of correspondence between Green-Wood Cemetery and lawyers regarding the purchase by Green-Wood of discounted mortgages as investments, and the implications of such action.

Box 6 (cont.)

Series 21: National Industrial Recovery Act (NIRA)

In 1933, during the Great Depression, the National Industrial Recovery Act was passed as a mechanism to reverse the economic collapse and ameliorate unemployment. The act regulated trade and industry competition, hours and wages of employees, and protected collective bargaining rights for unions.

Included in this series are: a claim by Green-Wood for exemption of federal income taxes, employee complaints on the issue of wages, documentation of the types of employees at the Cemetery, and legal opinions concerning Green-Wood in relation to NIRA.

Box 6 (cont.)

Series 22: Real Estate

Box 6 (cont.)

Series 23: Removals

This series pertains to the requests of families to have the remains of family members removed from a lot or grave. The materials include legal opinions and court records of the legal debates surrounding each removal request. Folders are labeled with last names and/or lot numbers.

Box 7

Series 24: Restrictions of Interments

This series pertains to the restrictions of interments in lots that were sometimes imposed by lot owners, and is primarily composed of legal opinions. Issues included in the series include the right of future spouses to be buried in a lot, limitations on burials in a grave, and re-conveyance of lots.

Box 7 (cont.)

Series 25: Rules and Regulations

This series contains materials pertaining to Green-Wood rules and regulations, including rules regulating the transfer of lots, rules for private gardeners, and approval of changes to regulations and rates.

Box 7 (cont.)

Series 26: Sewer

Box 7 (cont.)

Series 27: Social Security Law

This series contains legal opinions on the Federal Social Security laws, primarily those pertaining to the Unemployment Insurance Act and the Federal Old Age Pension Act.

Box 7 (cont.)

Series 28: Taxes

This series focuses on federal taxes, real estate taxes, income taxes, taxable property of the deceased, and taxable benefits related to Green-Wood Cemetery in the years between 1902 and 1977. Documents contain information on Green-Wood's status as tax-exempt due to its nonprofit organization status and the National Industrial Recovery Act (NIRA).

Box 8

Series 29: Trust Funds and Perpetual Care

This series focuses on trust funds established by those buried at Green-Wood, and includes legal opinions on the handling and investment of perpetual care funds. For example, if a mausoleum is erected, a trust fund must be established for upkeep, and control of the fund must be given to Green-Wood.

Box 8 (cont.)

Series 30: Trustees

The documents in this series pertain to the election of Green-Wood's Trustees, and includes legal opinions on fees paid to Trustees between 1948 and 1973. In 1948 it was determined that Green-Wood's Trustees should be elected by ballot.

Box 8 (cont.)

Series 31: Unemployment Insurance

This series contains documents related to unemployment insurance for the employees of Green-Wood Cemetery in the years 1935 to 1937. Green-Wood was exempt from coverage by New York State unemployment insurance.

Box 8 (cont.)

Series 32: Workmen's Compensation

This series contains a large selection of letters between the law firms representing Green-Wood and various government agencies, including the Attorney General of New York, New York Department of Labor, and the Internal Revenue Service. These materials pertain primarily to the Workmen's Compensation Laws between 1915 and 1960. From 1915 to 1927 Green-Wood was exempt from paying for employee insurance for their workers. In 1928 the law was altered and Green-Wood again became liable for insurance expenses. Also included in the materials are a selection of injury claims from Cemetery workers dating from 1919 to 1924.

Box 9