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Ecclesiastical Case Reports
In re St John the Baptist, Bishop’s Castle
(Hereford Consistory Court: Henty Ch, November 1999)
Gravestone – further inscription
The deceased was buried in the same grave as his second wife, Brenda Pugh, who had died in 1977 and for whom a memorial stone had been erected at the time. The petitioners, the deceased’s sons, removed the existing memorial stone to the stonemasons with the intention of adding a further inscription relating to the deceased. The brother of the late Mrs Pugh, as heir in law, objected to any alteration. At the hearing, the parties agreed that the words ‘And also of Harold Leslie Pugh, 24th August 1900 - 8th September 1996’ would be an acceptable addition to the original stone by way of compromise. The power of the consistory court in section 3(3) of the Faculty Jurisdiction Measure 1964 to override the wishes of the owner of the memorial is exercisable only in exceptional circumstances See St Mary Oldswinford (1999) 5 Ecc LJ 302, Mynors Ch. The existing inscription was not so much inaccurate or misleading, as incomplete in that it did not record that the deceased was now also buried in the grave. The lacuna would be filled by the addition of the compromise inscription, there being no exceptional circumstances to add the fuller proposed inscription. A petition was granted in those terms. A faculty could be sought to add the inscription originally proposed on a separate ledger to be placed on the grave.
[JG]
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