Definitions
Whenever, in describing or referring to any person, party, matter or thing, any word imparting the singular number of masculine gender is used, the same shall, depending upon the context, be understood to include and to apply to several persons or parties, as well as to one person or party, and to females, as well as males, and to bodies corporate, as well as to individuals, and to several matters and things, as well as to one matter or thing.
The term “ASSOCIATION” refers to an incorporated cemetery association of the State of Connecticut.
The term “THE MANAGEMENT” shall mean the person or persons duly appointed by the Association for the purpose of conducting and administering the daily affairs of the Cemetery.
The term “CEMETERY” refers to the WILLOWBROOK CEMETERY ASSOCIATION, situated in Westport, CT, owned and operated by the Association.
The term “CEMETERY OFFICE” shall mean the main office of the Association maintained on its Cemetery grounds.
The term “MEMORIAL PARK” shall mean such portion or portions of the Cemetery which is or are designated as such on the maps of the Association on file in the Cemetery Office, in which only flush Bronze Memorials may be erected according to the specifications as they appear in the special rules and regulations of the Association relating thereto.
The term “GARDEN MEMORIAL ESTATES” shall mean the burial space, (for the use of heads of families, their children and grandchildren), lying within the confines of specially landscaped areas in the Memorial Park sections of the Cemetery, surrounded in part by carefully designed ornamental walls, landscaped with perennial flowering and other ornamental plantings.
The term “MONUMENTAL SECTION” shall mean such portion or portions of the Cemetery which is or are designated as such on the maps on file in the Cemetery Office, and in which monuments may be erected in accordance with the specifications as they appear in the special rules and regulations of the Association relation thereto.
The term “HUMAN REMAINS” or “REMAINS” shall mean the body of a deceased person or the dismembered part of a body of a living person, and shall include cremated remains.
The term “INTERMENT” shall mean the lawful disposition of human remains by burial, entombment, or internment.
The term “ENTOMBMENT” shall mean the placement of the remains of a deceased person in a crypt or vault, whether above or below the ground surface.
The term “CRYPT” shall mean a space used or intended to be used above or underground to entomb human remains.
The term “MAUSOLEUM CRYPT” shall mean a crypt contained in a mausoleum structure.
The term “LAWN COVERED MAUSOLEUM” shall mean a steel-reinforced, double-depth, concrete box, installed for future interment use and contained in a separate area of the Cemetery which has been set aside for garden crypt burials which area has been excavated and in which a proper drainage system has been installed and in which said crypts have been placed on a bed of stones, all as part of a separate and complete development.
The term “NICHE” means a space used or intended to be used, for the internment of the ashes of a deceased person.
The term “GRAVE” shall mean a space of ground in the Cemetery, as shown on the individual Grave Layout Maps, filed in the Cemetery Office, used or intended to be used for the interment of human remains.
The term “LOT” or “PLOT” refers to numbered or lettered division, designated as such on the maps of the Association on file in the Cemetery office.
The term “PRIVATE FAMILY PLOT” shall mean a rectangular plot consisting of not less than two (2) graves.
The term “MEMORIAL” shall mean an effigy, grave marker, family monument, private mausoleum, sarcophagus, or other private family structure used for memorializing the dead, whether constructed partially or totally above or flush with the ground.
The term “MAINTENANCE AND PRESERVATION” refers to the common and public areas of the Cemetery and includes the maintenance of the Cemetery and public mausoleum owned and operated by the Association. It includes the cutting of lawns at reasonable intervals; keeping in repair the drains, water lines, roads, buildings, fences and other structures owned by the Cemetery; overhead expenses necessary for the operation of the Cemetery; the purchase and maintenance of machinery, tools, and equipment; compensation of employees pension and other benefit plans and maintenance of the necessary records of ownership, transfers and interments, and for such other purposes as shall be consistent with the keeping of a well-maintained and efficient cemetery.
The term “ANNUAL CARE” means the mowing of grass and cleaning and weeding of the grave space with said maintenance contracted by the lot owner with WIllowbrook Cemetery on an annual basis.
The term “ENDOWED CARE” shall consist of cutting of the grass and weeds on the graves and plots or lots where such graves, plots or lots have been placed under endowed care by virtue of a payment made to the endowed care fund of the Association by the lot owner. The obligation to perform such services and work by the Association shall be limited to the income but may also include replacement of the shrubs, plants, trees or flowers if such income shall be available.
The term “PERPETUAL CARE” shall consist solely of the cutting, at such time or times as the Association in its sole discretion determines, of the grass and weeds on graves and plots or lots where Perpetual Care is expressly provided for in the contract of purchase.
The term “PERPETUAL CARE” shall in no case be construed as meaning the maintenance, care, repair or replacement of any gravestones, memorials, or monumental structures or other embellishments or improvements places or erected upon any plots, lots or graves; nor the reseeding or re-sodding of plots, lots or graves; nor the planting of flowers or care of special planting or ornamental plants; nor the maintenance or doing of any special or unusual work in the cemetery; nor does it mean the reconstruction or cleaning of any marble, granite, bronze, or concrete work on any section, plot or lot, or any portion or portions thereof, or on any grave in the cemetery, or other buildings or structures, where the loss or damage was caused by an act other than that of the Association, including but not limited to loss or damage by the elements, acts of God, the common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, war or civil authority, whether the loss or damage be direct or collateral, other than as herein provided.The term “CONTRACTOR” shall mean any person, other than an employee of the Association, engaged in performing any work in the Cemetery.
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