Terms Used In West Virginia Code > Chapter 35 > Article 5A - Perpetual Care of and Trust Funds for Cemeteries

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Burial right: means the right of earth interment. See West Virginia Code 35-5A-1
• Columbarium right: means the right of inurnment in a columbarium for cremated remains. See West Virginia Code 35-5A-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Entombment right: means the right of entombment in a mausoleum. See West Virginia Code 35-5A-1
• Fiduciary: A trustee, executor, or administrator.
• Interment: means the disposition of human remains by earth burial, entombment or inurnment. See West Virginia Code 35-5A-1
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permanent endowment care fund: means a fund held in an irrevocable trust separate and apart from all other assets of the cemetery and dedicated for the exclusive use of perpetual care and maintenance of such cemetery. See West Virginia Code 35-5A-1
• Perpetual care cemetery: means a cemetery which advertises or represents to the public in any manner that it provides perpetual care or maintenance for burial grounds, mausoleums or columbaria and the fixtures attached thereto or which sells or offers to sell any interment right which is to be perpetually cared for or maintained. See West Virginia Code 35-5A-1
• Person: means any corporation, company, partnership, individual, association or other entity owning or operating a cemetery for the disposition of human remains. See West Virginia Code 35-5A-1
• Personal property: All property that is not real property.
• personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Trustee: A person or institution holding and administering property in trust.