Terms Used In Indiana Code > Title 23 > Article 14 - Cemetery Associations

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• alternative container: means a rigid or nonrigid receptacle or other enclosure that:

  Indiana Code 23-14-31-1

• animal: refers to a:

  Indiana Code 23-14-42.5-1

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• association: refers to the Union Chapel Cemetery Association. See Indiana Code 23-14-71-1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• authorizing agent: means a person legally entitled to order the cremation and final disposition of specific human remains. See Indiana Code 23-14-31-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• board: means the state board of funeral and cemetery service established by IC 25-15-9-1. See Indiana Code 23-14-31-3
• board: refers to the coroners training board established by section 3 of this chapter. See Indiana Code 4-23-6.5-1
• board: means the state board of funeral and cemetery service established by IC 25-15-9-1. See Indiana Code 23-14-48.5-2
• body part: means :

  Indiana Code 23-14-31-4

• burial plot: means an individual grave space that is used or intended to be used for the interment of the remains of a deceased individual. See Indiana Code 23-14-42.5-2
• burial plot: means the unit of space consisting of one (1) or more:

  Indiana Code 23-14-42-1

• burial plot: means the unit of space, consisting of one (1) or more:

  Indiana Code 23-14-41-2

• burial transit permit: means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12. See Indiana Code 23-14-31-5
• casket: means a rigid enclosure that:

  Indiana Code 23-14-31-6

• cemetery: means land in which human remains are interred, entombed, or inurned. See Indiana Code 23-14-78-2
• cemetery association: means any cemetery association, cemetery corporation, or cemetery organization that:

  Indiana Code 23-14-76-2

• cemetery board: means :

  Indiana Code 23-14-65-1

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• cremated remains: means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device. See Indiana Code 23-14-31-7
• cremation: means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. See Indiana Code 23-14-31-8
• cremation chamber: means the enclosed space where the cremation takes place. See Indiana Code 23-14-31-9
• cremation room: means the room where the cremation chamber is located. See Indiana Code 23-14-31-10
• crematory: means a building or structure, including a holding facility where human remains are or are intended to be cremated. See Indiana Code 23-14-31-11
• crematory authority: means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations. See Indiana Code 23-14-31-12
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• deceased animal: means a deceased animal:

  Indiana Code 23-14-42.5-3

• deceased owner: refers to the deceased record owner of burial rights in a burial plot. See Indiana Code 23-14-42.5-4
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• disposition: means the cremation or other disposition of a dead human body or a part of a dead human body. See Indiana Code 23-14-31-13
• Donor: The person who makes a gift.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• executive: means :

  Indiana Code 23-14-65-2

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• fund: refers to the coroners training and continuing education fund established by section 8 of this chapter. See Indiana Code 4-23-6.5-2
• fund: refers to the consumer protection fund for cemetery maintenance established by section 4 of this chapter. See Indiana Code 23-14-48.5-3
• funeral director: means a person who holds a funeral director license issued under IC 25-15. See Indiana Code 23-14-54.5-3
• funeral home: means a place that is licensed under IC 25-15 where:

  Indiana Code 23-14-31-14

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• holding facility: means an area that:

  Indiana Code 23-14-31-15

• human remains: means the body or a part of the body of an individual, including human remains that have been cremated. See Indiana Code 23-14-31-16
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• legislative body: means :

  Indiana Code 23-14-65-3

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• military animal: refers to a military working dog described in Indiana Code 23-14-42.5-6
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• municipality: means a city or town. See Indiana Code 23-14-65-4
• niche: means a space in a columbarium that is used or intended to be used for the interment of cremated human remains of one (1) or more deceased individuals. See Indiana Code 23-14-31-17
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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.
• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• property owner: means the owner of record of a parcel of real property that contains a cemetery to which this chapter applies. See Indiana Code 23-14-78-3
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• scattering: means the final disposition of cremated human remains under section 44(a)(3) of this chapter. See Indiana Code 23-14-31-18
• Statute: A law passed by a legislature.
• temporary container: means a receptacle:

  Indiana Code 23-14-31-20

• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Testator: A male person who leaves a will at death.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• urn: means a receptacle designed to encase cremated remains. See Indiana Code 23-14-31-21
• verification information: means data required by the United States Department of Veterans Affairs to verify whether a deceased person is a veteran or a dependent of a veteran and is eligible for burial in a national or state cemetery, including:

  Indiana Code 23-14-54.5-4

• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• veteran: means a person who:

  Indiana Code 23-14-54.5-5

• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5