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    1. Re: [NCWILKES] Fw: NC Law re: Removal of Graves
    2. Bob Stevens
    3. You are exactly right, and that's what I meant by "what's done is done." The contractor(s) who loopholed the law knew exactly what they were doing, and I'll be willing to wage my life that (either) it wasn't the first time/or they know another contractor who loopholed the same way, and they had legal advice. To comply with the laws completely could mean a court case which could mean a job shut-down for months, years, or permanently. The general public thinks, "so what, it's only an old graveyard of people long gone and it shouldn't stand in the way of progress. I want my WalMart!" After all, the general mind-set of most is that they want the shopping economy of WalMart. There has been a legal battle in Florence, S.C., for over two years in an attempt to stop WalMart from building in an upscale residential and school area, but those residents have lost because the general population doesn't care about them or their huge home investments. Their million dollar homes will now deperciate. WalMart wins again! Jo Ann Whitworth <whitkid2@bigrivertel.net> wrote: > Sounds like greed won out over respect for the dead. Doesn't it always? > > I don't mean to be critical of Bob, but his saying that "What's done is > done" is just what those involved were probably counting on. Oh they know > a few people (like us) would raise a little heck, but then it would be > business as usual cause "What's done is done, and nothing can be done > about it." > > Every person in NC who has a loved one buried in NC should stand up and > raise cain and get those in office thrown out come election time again. > Make this an issue during the election and get iron-clad laws passed, and > those laws should be 6 months notice, not 30 days. Other states should do > the same, or the time will come when "house is joined to house" (or > stripmall to stripmall, that there be no place left in the land for the > dead to rest. Please forgive me for getting on my soapbox and putting in > my half-penny's worth. > Jo Ann > ----- Original Message ----- > From: > To: > Sent: Thursday, May 03, 2007 12:49 PM > Subject: Re: [NCWILKES] NC Law re: Removal of Graves > > >> The even sadder part is that Ray Starnes sold the land knowing possibly >> that his Family was buried there/unless His father had plowed it under >> before he was born. >> Something seems very strange. there is no mention of field stones. >> Everyone of those graves would have been at one tine marked at the head >> and foot with native field stones at the very least some of which may >> have had names or dates scratched on them.I just got off the phone with >> the Mayer of Granite falls who has promised to secure and send me a copy >> of the report done as each grave was removed. >> I confirmed each set of remains was in a separate box and that at least >> ten boxes were buried per grave or plot at Sunset Cemetery. >> The Mayor indicates Ray Starnes claimed not to know about the cemetery >> but his Older Cousin Now 100 knew about it. I am inclined to believe that >> the Stones were removed and the cemetery plowed over by a member of the >> Starnes Family sometime in the last 20-40 years so as to make the area >> safer for cattle to graze.. >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> > ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message WRITING SOUTH CAROLINA HISTORY

    05/03/2007 11:30:53
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. I am still trying to find that out/re how many remains in each box. We have a call in to the health department. I will find someone to finish the deed search I am also trying to figure out why Simon Bisnar was not buried in the cemetery he started. He died about the time the loand changed hands so That might account for the alternate burial for Simon and Rachel Starnes Bisnar

    05/03/2007 10:45:54
    1. [NCWILKES] Fw: NC Law re: Removal of Graves
    2. Jo Ann Whitworth
    3. > Sounds like greed won out over respect for the dead. Doesn't it always? > > I don't mean to be critical of Bob, but his saying that "What's done is > done" is just what those involved were probably counting on. Oh they know > a few people (like us) would raise a little heck, but then it would be > business as usual cause "What's done is done, and nothing can be done > about it." > > Every person in NC who has a loved one buried in NC should stand up and > raise cain and get those in office thrown out come election time again. > Make this an issue during the election and get iron-clad laws passed, and > those laws should be 6 months notice, not 30 days. Other states should do > the same, or the time will come when "house is joined to house" (or > stripmall to stripmall, that there be no place left in the land for the > dead to rest. Please forgive me for getting on my soapbox and putting in > my half-penny's worth. > Jo Ann > ----- Original Message ----- > From: <jlynndagenhart@netzero.net> > To: <ncwilkes@rootsweb.com> > Sent: Thursday, May 03, 2007 12:49 PM > Subject: Re: [NCWILKES] NC Law re: Removal of Graves > > >> The even sadder part is that Ray Starnes sold the land knowing possibly >> that his Family was buried there/unless His father had plowed it under >> before he was born. >> Something seems very strange. there is no mention of field stones. >> Everyone of those graves would have been at one tine marked at the head >> and foot with native field stones at the very least some of which may >> have had names or dates scratched on them.I just got off the phone with >> the Mayer of Granite falls who has promised to secure and send me a copy >> of the report done as each grave was removed. >> I confirmed each set of remains was in a separate box and that at least >> ten boxes were buried per grave or plot at Sunset Cemetery. >> The Mayor indicates Ray Starnes claimed not to know about the cemetery >> but his Older Cousin Now 100 knew about it. I am inclined to believe that >> the Stones were removed and the cemetery plowed over by a member of the >> Starnes Family sometime in the last 20-40 years so as to make the area >> safer for cattle to graze.. >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> >

    05/03/2007 10:37:16
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Beam, Cindy L
    3. I've been corresponding, through email, with the reporter who wrote the article for the Hickory Daily Record. She says there was no public notice published in her paper, but she believes it may have been in the Lenoir News Topic. I haven't had a chance to do a search - has anyone else had a chance? It's very disturbing to hear that the remains may have been dumped into common graves. Are there any ideas on whom we might be able to contact, such as representatives, etc.? Cindy -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of Debra Rookard Sent: Wednesday, May 02, 2007 9:24 PM To: NCWILKES@rootsweb.com Subject: [NCWILKES] NC Law re: Removal of Graves Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/03/2007 10:19:27
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Cindy Just spoke with the reporter.Linda Story's offcie also advised me that they ran notcies in The Lenoir News Topic. One source says the remains were put in wooden boxes and placed ten boxes to a common grave or plot. I have to research the deeds from 1880 when Sarah Salina Starnes was living with her Cousin Simon Pinkney Bisnar and 1900 when she and Husband William E Tolbert are on the land that was sold by their grandson Ray to Walmart. The Bisnars are no longer in Caldwell in 1900 so their should be a land sale. Several sources have led me to believe this is The Old Bisnar burial Ground yet Simona and Rachel Starnes Bisnar(parents of Simon P and Aunt and Uncle of Sarah Satrenes) are allegedly buried at Pine crest in Granite Falls. If someone can go to the registrars and look for the sale of the land by Simon P Bisnar after 1880 we might have our missing link. Sarah Starnes had two sons Edgar V and Oliver P after 1886 both went by Satrens but may have been Bisnars. I interviewed 100 year old Maureen Starens Moore who remembered the Cemetery and thinks it was the Bisnar cemetery

    05/03/2007 09:44:35
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Nanalee Wrenn
    3. Try going to the Caldwell link below. You have to register for a user name & password but it is free. You can search vitals & land records by name I found no Bisnar but 4 pages of Starnes Nan http://rod.co.caldwell.nc.us/Resolution/Login.asp

    05/03/2007 07:38:14
    1. [NCWILKES] Simon Besnar family cemetery
    2. After some steady research and the help of others I believe the Walmart Graveyard can now be called the Simon Besnar family cemetery which later ceded to Sarah Starnes Tolbert. whose descendants sold it to the developers. sarah ahd two sons out of wedlock that went by Starnes. Theyw ere probably sons of simon Besnar Jr. Members of the Starnes family were buried there as early as 1860's. Family tradition says Catherien Bowman Starnes(Mrs Jospeh) was buried there. She is my ancestor

    05/03/2007 07:30:13
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. I don't know about North Carolina, but in Georgia the first contact would be the county sheriff -- because what was done is clearly illegal. Sandy Whittington -----Original Message----- From: Cindy.Beam@bp.com To: ncwilkes@rootsweb.com Sent: Thu, 3 May 2007 11:19 AM Subject: Re: [NCWILKES] NC Law re: Removal of Graves I've been corresponding, through email, with the reporter who wrote the article for the Hickory Daily Record. She says there was no public notice published in her paper, but she believes it may have been in the Lenoir News Topic. I haven't had a chance to do a search - has anyone else had a chance? It's very disturbing to hear that the remains may have been dumped into common graves. Are there any ideas on whom we might be able to contact, such as representatives, etc.? Cindy -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of Debra Rookard Sent: Wednesday, May 02, 2007 9:24 PM To: NCWILKES@rootsweb.com Subject: [NCWILKES] NC Law re: Removal of Graves Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

    05/03/2007 07:09:33
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Have you tried contacting the office of the division that holds these records (in Florida it is the Official Records division) in the the Clerk of the Court's office? Explain the situation and see if there is some way one of the deputy clerk's can look this up or, sometimes they know someone who does research at the courthouse for attorney's offices and could recommend them to you. Or, they may be able to put you in touch with a local attorney who could assist, pro bono. Also, you can call the county bar association for the county and they may be able to direct you on how to get assistance. Debi ----- Original Message ----- From: "Beam, Cindy L" <Cindy.Beam@bp.com> Date: Thursday, May 3, 2007 11:32 am Subject: Re: [NCWILKES] NC Law re: Removal of Graves To: ncwilkes@rootsweb.com > Great! I don't know of anyone in Lenoir that I can send to the > courthouse. I now live in Colorado, so any research I do is on the > internet. All of my family still in Lenoir either work or would > have no > idea how to do the research. But, it sounds as though you've > gotten a > lot done, already. Does this mean that the remains were placed, one > body per box? That would certainly be a lot better! > > Cindy > > > > -----Original Message----- > From: ncwilkes-bounces@rootsweb.com > [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of > jlynndagenhart@netzero.net > Sent: Thursday, May 03, 2007 9:45 AM > To: ncwilkes@rootsweb.com > Subject: Re: [NCWILKES] NC Law re: Removal of Graves > > Cindy > Just spoke with the reporter.Linda Story's offcie also advised me that > they ran notcies in The Lenoir News Topic. > One source says the remains were put in wooden boxes and placed ten > boxes to a common grave or plot. > > I have to research the deeds from 1880 when Sarah Salina Starnes was > living with her Cousin Simon Pinkney Bisnar and 1900 when she and > Husband William E Tolbert are on the land that was sold by their > grandson Ray to Walmart. > The Bisnars are no longer in Caldwell in 1900 so their should be a > landsale. > Several sources have led me to believe this is The Old Bisnar burial > Ground yet Simona and Rachel Starnes Bisnar(parents of Simon P and > Auntand Uncle of Sarah Satrenes) are allegedly buried at Pine > crest in > Granite Falls. > If someone can go to the registrars and look for the sale of the > land by > Simon P Bisnar after 1880 we might have our missing link. > Sarah Starnes had two sons Edgar V and Oliver P after 1886 both > went by > Satrens but may have been Bisnars. > I interviewed 100 year old Maureen Starens Moore who remembered the > Cemetery and thinks > it was the Bisnar cemetery

    05/03/2007 05:46:41
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Bob Stevens
    3. >From reading the other postings, let me add something for those not so informed about a situation such as this. WalMart is not solely to blame. They let the contract to a general contractor. The general contractor let the site preparation to a sub-contractor. During construction such as this, there would be a WalMart inspector on the premises at all times, and a city (or county) inspector dropping by each day to confer with the general, the subs, and the WalMart inspector. I know nothing of the circumstances of this event, but I do know that contractors (generals and subs) will sometimes hide delaying situations from the inspectors, that is from inspectors not performing as they should. (The "duh" types, or those taking a gift to look the other way.) The fact that the cemetery was advertised in some paper illustrates that someone was trying to comply with the law, but often times such notices are placed in a low circulation newspaper to avoid response and construction delay. Ergo, they loophole the law. I'm betting that no conclusive legal action will occur about this because most in the enforcement and judicial system could care less. I write from experience. What has been done in this event is a half-compliance with the law to avoid prosecution and prevent construction delay. All too common! Bob Stevens <bobhist@yahoo.com> wrote: What's done is done, and it's impossible to correct now. Prosecution of the violators might send a message to any so inclined in the future, but I doubt it. This is a common problem with site and road construction. My question is where was the city or county building inspector, whichever the case may have been, and, if he was on location, was he not informed of the local and state laws dealing with cemeteries? Written by a retired general contractor and, also, a S.C. DOT inspector. reb1861@aol.com wrote: I don't know about North Carolina, but in Georgia the first contact would be the county sheriff -- because what was done is clearly illegal. Sandy Whittington -----Original Message----- From: Cindy.Beam@bp.com To: ncwilkes@rootsweb.com Sent: Thu, 3 May 2007 11:19 AM Subject: Re: [NCWILKES] NC Law re: Removal of Graves I've been corresponding, through email, with the reporter who wrote the article for the Hickory Daily Record. She says there was no public notice published in her paper, but she believes it may have been in the Lenoir News Topic. I haven't had a chance to do a search - has anyone else had a chance? It's very disturbing to hear that the remains may have been dumped into common graves. Are there any ideas on whom we might be able to contact, such as representatives, etc.? Cindy -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of Debra Rookard Sent: Wednesday, May 02, 2007 9:24 PM To: NCWILKES@rootsweb.com Subject: [NCWILKES] NC Law re: Removal of Graves Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message WRITING SOUTH CAROLINA HISTORY ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message WRITING SOUTH CAROLINA HISTORY

    05/03/2007 04:48:03
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Bob Stevens
    3. What's done is done, and it's impossible to correct now. Prosecution of the violators might send a message to any so inclined in the future, but I doubt it. This is a common problem with site and road construction. My question is where was the city or county building inspector, whichever the case may have been, and, if he was on location, was he not informed of the local and state laws dealing with cemeteries? Written by a retired general contractor and, also, a S.C. DOT inspector. reb1861@aol.com wrote: I don't know about North Carolina, but in Georgia the first contact would be the county sheriff -- because what was done is clearly illegal. Sandy Whittington -----Original Message----- From: Cindy.Beam@bp.com To: ncwilkes@rootsweb.com Sent: Thu, 3 May 2007 11:19 AM Subject: Re: [NCWILKES] NC Law re: Removal of Graves I've been corresponding, through email, with the reporter who wrote the article for the Hickory Daily Record. She says there was no public notice published in her paper, but she believes it may have been in the Lenoir News Topic. I haven't had a chance to do a search - has anyone else had a chance? It's very disturbing to hear that the remains may have been dumped into common graves. Are there any ideas on whom we might be able to contact, such as representatives, etc.? Cindy -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of Debra Rookard Sent: Wednesday, May 02, 2007 9:24 PM To: NCWILKES@rootsweb.com Subject: [NCWILKES] NC Law re: Removal of Graves Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message WRITING SOUTH CAROLINA HISTORY

    05/03/2007 04:24:26
    1. Re: [NCWILKES] NC Law re: Removal of Graves
    2. Nor did it lead them to the Caldwell county list. I have learned from a reliable source that the remains were reinterred four sets to a grave . In essence four sets of remains were combined and dumped in a common grave. So now even if we can identify the Graveyard and a list of who might have been buried there the remains have been forever desecrated. I have been studying the census records all day and The Satrnes and Poovey Families seem well rooted in Lovelady township in the same vicinity. Edgar Vance Starnes who sold the family Farm is a direct descendant of Joseph and Catherine Bowman Starnes through their son Simon Starnes and Wife Evaline Poovey. One Researcher indicates that Catherine Bowman Starness was buried at a Bisnar Cemetery in Caldwell in the 1860's. I can find no reference to said Cemetery. Is anyone esle familar with it?? Catherine Bowman Starnes was my Mothers relative many generations back. Beyond being outraged at what ahs happened I am worried that my Grandfathers siblings who died of a Typhoid epedemic in the late 1890's may have been buried at the Satrnes Farm. My Great Grandfather Noah Bowman was living near the Starnes Families in 1900 in Lovelady Township. I believ he moved to Lovelady and lived on Starnes Land or land that belonged to His Uncle Samuela nd Aunt Susan Bowman. In 1850 Uncle Samuel Bowman was practically a next door neighbor to Joseph Starnes and wife Catherine Bowman,

    05/02/2007 09:48:54
    1. Re: [NCWILKES] Wilcockson
    2. This is a Message Board Post that is gatewayed to this mailing list. Author: Jwilbro848 Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.northcarolina.counties.wilkes/1315.1317.1.1.2.1.1.1/mb.ashx Message Board Post: Beverly, My e-mail is: geniebuff@bellsouth.net. Thank you, Judy Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

    05/02/2007 05:24:54
    1. Re: [NCWILKES] graveyard found at proposed walmart site/granite falls
    2. the Starnes family has lived in the same section of Lovelady's township for over 100 years perhaps 150

    05/02/2007 02:58:59
  1. 05/02/2007 02:49:11
    1. [NCWILKES] NC Law re: Removal of Graves
    2. Debra Rookard
    3. Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com

    05/02/2007 02:24:19
    1. Re: [NCWILKES] graveyard found at proposed walmart site/granite falls
    2. It is never too late and NC also has very strict laws that appear to have been broken by Walmart and or the Contractors. There may be others buried there. I have learned the land was sold by the Starnes Family

    05/02/2007 12:55:43
    1. Re: [NCWILKES] graveyard found at proposed walmart site/granite falls
    2. the proposed Walmart is not far from current Grace Chapel Church. near 321 and riverbend road. http://www.mapquest.com/maps/map.adp?formtype=address&addtohistory=&address=&city=granite%20falls&state=nc&zipcode=&country=US&geodiff=1#east A Title search would give enough information to have a place to start. There are also old county maps that can be studied as well as the census once a point of reference is established. DNA testing of a sampling of the remains should have been done before they were re-enterred this would have proven invalueable once a proposed family name is secured based on land holdings in the area .

    05/02/2007 11:58:29
    1. Re: [NCWILKES] graveyard found at proposed walmart site/granite falls
    2. Beam, Cindy L
    3. I was thinking about this, yesterday, when I read the article. This is such a shame! Surely, there's some way to find out what family owned the property during that time frame. I'm assuming that it's probably a family cemetery. What do the rest of you think? Cindy L. Beam -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of jlynndagenhart@netzero.net Sent: Wednesday, May 02, 2007 10:35 AM To: johnpatti@cfl.rr.com; ncwilkes@rootsweb.com Subject: [NCWILKES] graveyard found at proposed walmart site/granite falls Does anyone know the raods where the current site is mapped. I would like to find earlier maps and see if we can identify these people. In my opinion this is one morer eason not to shop at walmart!!!!! Unmarked graves found under Wal-Mart construction site Associated Press Tuesday, May 1, 2007 GRANITE FALLS, N.C. - More than 50 graves dating to the early 1800s were discovered underneath a Wal-Mart construction site. An anonymous call led to the discovery. A former state archaeologist visited the site before a company removed the remains of the unmarked graves, said Linda Story, town manager in Granite Falls. The remains were moved to Sunset Hills Cemetery here, though it is still unknown to whom they belonged. Story said the graves were found where a road leading to the Wal-Mart would be built, though there wasn't a record of the graveyard at the Register of Deeds office and no one has come forward to claim the remains. Crews plan to have the land cleared by June, and the Wal-Mart is scheduled to open next year. ___ Information from: The Hickory Daily Record, http://www.hickoryrecord.com http://www.hickoryrecord.com/servlet/Satellite?pagename=HDR% 2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1173351034552 &path=!news!statenews ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/02/2007 11:45:50
    1. Re: [NCWILKES] graveyard found at proposed walmart site/granite falls
    2. If this is indeed a family cemetery there are countless generations represented for there to be fifty plus graves. Can anyone supply the current location for the Walmart? road names etc? If they did a Title search on the land it would clearly reveal the chain of ownership. I will never undesrtand why they did not just move the road and fence in the cemetery.

    05/02/2007 11:22:05