Letter to Judge John R. Alderman
14 March, 2002
The
Honorable John R. Alderman
7507 Library Drive
P.O. Box 39
Hanover, VA 23069
Your
Honor,
We,
the undersigned, as concerned citizens of Hanover County, request your attention
to certain matters regarding Chancery No.: 358-01 and the relocation of the
persons interred at Dungarvon, now called Pebble Creek.
The
question of proper title to the land containing the "grave yards" is
paramount. A review of the deeds recorded in the Hanover County Clerks Office
show only three transfers of title to the land called Dungarvon, prior to
purchase by PMG - ONE, LLC. The most urgent concern is if PMG-ONE, LLC, has
proper title to the property containing the "grave yards." By
indenture dated 19 December 1855, between "Edward Sydnor and William B.
Sydnor, Executors of the last will and testament of Edward G. Sydnor late of
Hanover County deceased of the first part and Francis W. Johnson of the second
part … Edward G. Sydnor …possessing a certain parcel of land … containing
Four hundred thirty and one half acres… known by the name Dungarvon … that
the said parties of the first part … do by this presents grant bargain and
sell by virtue and authority of the bowers aforesaid unto the said Francis W.
Johnson, his heirs and assigns, all the above mentioned and described tract of
land (exclusive of one acre of land for grave yards)." This instrument was
recorded 24 April, 1866, in Deed Book 1, page 160, and clearly did not pass
title to the "grave yards." The second deed between Rebecca Pate,
Executor for the late F. W. Johnson, and Oscar Via (Sr.), dated 19 November,
1918, and recorded in Deed Book 67, page 49 passed title by sale in gross, not
by the acre, with no survey recorded, and with no mention of the "grave
yards" exclusion. No other subsequent instrument was found recorded that
transferred title of the "grave yards" from the Sydnor Estate to any
other parties.
Prior
to PMG-ONE, LLC, petitioning for removal of the persons interred at Pebble
Creek, Rock View Homes, Inc. had obtained several lots in Section 2B of Pebble
Creek, by Deed recorded 8 November, 1999, in Deed Book 1511, page 670. Rock View
Homes, Inc. found evidence of graves on at least one of their lots and a Quit
Deed was recorded 26 July, 2001, in Deed Book 1695, page 95 naming Section 2B,
lots 53 and 54. That instrument specifically referenced a Settlement Agreement
and Mutual Release dated 27 February, 2001. The details of that Agreement are
unknown to us, so any specific reference to the number and extent of the
interrments discovered by Rock View Homes while they were working at the site
are known only to Rock View Homes and PMG ONE, LLC, however the indication is
that parties involved possibly had knowledge of more than a family burial plot.
In
the petition to the Court, PMG-ONE, LLC, produced an affidavit from Francis Via
that stated she had no knowledge of the extent of the "grave yards,"
nor of any responsible persons. It is our concern that Mrs. Via, who did not
reside at Dungarvon, was secured as a source of information whereas parties that
did reside at Dungarvon, with direct knowledge of the "grave yards,"
and still residing nearby, were not consulted for their knowledge of the
location and size of the "grave yards." These persons, who have been
publicly denounced by Mr. Todd Rogers, have recently identified that the area of
the "grave yards" exceeds the bounds of Lots 53 and 54. Also, a
representative of Joseph L. Burruss Burial Vaults, Inc. has indicated to some
persons that the graves probably extend beyond Lots 53 and 54.
The
"grave yards" at Dungarvon were established prior to 1855. There
exists concerns regarding disturbance of
the graves of persons that died as the result of smallpox and tuberculosis, as
well as those persons embalmed with arsenic as a component in the embalming
fluid and the potential for contamination of the environment and future health
concerns for residents that remain in the area.
Additionally,
a visit to Hanover Memorial Park, 3 March, 2002, revealed two vaults placed on
the ground adjacent the site indicated as the re-interrment plot for the persons
from Pebble Creek. One of these vaults was witnessed to have the top not
securely in place. Both vaults remained in this manner for at least one night.
Thank
you for your time and consideration,
Michael
W. Tyler
Additional
signatures:
Residents of Hanover County
Members of the Hanover Historical Society
Members of the Sydnor family