A BROTHER and his two sisters have won the right to be re-united in death with the rest of their family in a Cumbrian church yard when their time comes despite objections from prominent church people in the area.

Geoffrey Tattersall QC, Chancellor of the Diocese of Carlisle has over-ridden the objections from four members of the Parochial Church Council who claimed that among other things the three do not live in the area any more, and were not involved in or made any financial contributions to the church when they did live in the area.

He granted Catherine, Andrew and Helen Todd, now aged 47, 45 and 31 respectively, permission to reserve two grave spaces in the church yard of the 16th century St Michael and All Angels at Muncaster for the next 40 years with consent for the time to be extended if necessary.

He had been told that the three of them had been baptised at the church, and that their great grandfather, grandparents and mother are already buried there.

However, when the application of the brother and sisters went before the PCC there was a two to four vote against consent being given. The decision led to the resignation of one member of the PCC who did not agree with it.

But when the refusal was challenged in the Church of England’s Consistory Court before Chancellor Tattersall in his role as a judge of the court the four who voted against continued their challenge sending in letters renewing their objection.

They argued there was only sufficient space in the church yard to last another 10 years and in those circumstances permission should not be given to the Todds who had not been involved in the church and had made no financial contributions to it. It was also argued unsuccessfully that if they did get consent they should help pay for upkeep of the church yard.

However, Chancellor Tattersall said, in granting consent: “On the facts of this case, I am inclined to, and do, adjudge that the Todd family`s contributions to the life of the local community are to be considered as of equal weight to any financial contributions which they could have, but did not in fact, make to the church.”

He said there had been 24 letters from around 34 local people as well as letters from another member of the PCC and the vicar supporting the request.

He continued: “I can well understand the local feelings in the community, demonstrated by the letters in support of the granting of a faculty (permission), of the huge disappointment at the stance taken by the majority of the PCC and the unnecessary hurt, and damage to the reputation of this Church which would be felt if I were to refuse this application.

“In my judgment the Petitioners` case for the reservation of two grave spaces is formidable. They were each born, baptised, confirmed and brought up as residents of the Parish. They all continue to live together as a family, albeit that a short time before their mother`s death they had moved away from the Parish to reside with their parents in their retirement home. Unsurprisingly, they wish to reserve the grave spaces so they can be buried alongside their parents.”