A solicitor plans to take Limerick Council to court after allegedly being told he'd not be able to be buried with his late wife of 53 years.
John Hayes, 88, has seen generations of his family interred in the same plot at Mungret Cemetery in Co Limerick.
Now, he says he is going to initiate legal proceedings through the Circuit Court after he says he was told there is “insufficient” depth of soil remaining in the family plot to cover his coffin.
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His wife Maisie, has been laid to rest in the site which is in his family for over 200 years. The issue emerged following her passing and burial in 2021.
Mr Hayes believes sufficient space can be found in order to accommodate his remains in the same plot, potentially by digging deeper, or reducing the size of the coffins in the area.
The retired solicitor claims his wife’s remains were placed in a six foot eight inch oak casket, even though she measured less than five foot seven inches in height.
But Limerick City and County Council – he claims – says there is not enough depth of soil, and further digging could impact on the ruins of the church in the cemetery, which is a protected structure.
Mr Hayes says that at the time his wife was laid to rest, the council would not agree to have her interred in what he described as the “normal” position.
"They insisted the coffin wouldn’t fit in the conventional east-west position. She had to be buried across the grave. At the time, I was too upset to argue the issue or even advance a proposition the coffin might have been shorter,” he said.
Mr Hayes claimed it was said to him that if he was cremated his ashes could be buried beside his wife in Mungret Cemetery.
But he’s said it’s something he has a “strong aversion” to.
“That grave is in my family for 200 years or longer. I’ve inherited it from my grandparents. When the time came, I was able to have my grandchild buried there, and I’m now determined that’s where I will be. I always thought I’m going to be with my ancestors.
“It’s important that officialdom can’t breach what I would call the tradition and the rights of people from this city and county,” he added, pointing out he believes the plot is legally his – and not council property.
“Apart from the heavy financial implications, I believe that there is precedent for people owning graves in these old graveyards to be able to continue their use without the heavy hand of the powers-that-be restraining them unnecessarily,” said the retired solicitor.
The reason Mr Hayes has gone public is that he feels that there may be other people in the same position.
Due to an increase in housing development in the Mungret area, he says the possibility of damage from vermin around the graveyard has also been raised with him.
It’s something he dismisses, saying: “One wonders what kind of vermin would eat through a heavy oak coffin at a depth of two-and-a-half feet. It’s absurd in my opinion.”
Mr Hayes confirmed in a letter to the council he will “persevere” in his efforts to be with his wife and ancestors.
“I am, as you are aware, too old to be at loggerheads with officialdom, but this will not deter me,” he added, saying the issue can still be sorted out without resorting to the courtroom. I appreciate time is not on my side,” Mr Hayes concluded.
Limerick City and County Council did not return a request for comment.
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