By Tina Gainer Barton
It was my grandfather Dr. Patrick W. Gainer’s plan to be buried on his family homestead. This property had been in his family since the late 1800s, and he grew up in Tanner. The Good Shepherd Catholic Church in Glenville, for which he helped procure the building, did not have a cemetery, and his idea was that he would donate the land to the church for a cemetery.
The church chose not to accept the donation because of financial and liability issues, so Dr. Gainer set up a nonprofit to manage the cemetery. Unfortunately, his heirs did not understand that the land did not now belong to the church, and they did not know about the nonprofit. For many years, parishioners including the pastor were on the board of the nonprofit, and the former pastor, Father Ed, used to file all the necessary paperwork to maintain the nonprofit. Sadly, Father Ed died very quickly once diagnosed with cancer, and for many years, no paperwork was filed.
But once a cemetery, always a cemetery. Gilmer County did not charge property tax, and the cemetery sat, and people were buried without any guidance from a nonprofit corporation. It was the plan that only flat headstones would be allowed, for example, and now there are many more elaborate grave sites.
When my father, the son of Dr. Gainer, died, I obtained the property up the hill which was his retirement home, and his father’s before him. A person came to me to ask to bury his brother and I agreed, but he asked me to have a letter notarized stating that I gave permission. I had no legal standing to do so, except as a granddaughter of Dr. Gainer’s. I agreed, however, out of compassion. This is also how I found out that the grounds have been so beautifully managed by Robert Fischer, who donates his time and equipment, because his father did it before him.
I went to the Good Shepherd Church to discuss what was to be done, and they sent all the paperwork they had on the cemetery to the diocese. The Diocese decided they did not want to manage the cemetery and they claim they sent the paperwork back to Good Shepherd Church. Any papers are now lost. All I had was a scan of the plot diagram given to me by a parishioner so I could bury my father.
I contacted the State Department and found out the old corporation was defunct and I would have to start a whole new corporation, which I did. Then I had to apply for nonprofit status with the IRS, which I did. Then I had to file with the WV Tax Administration and apparently there is a $200 a year fee for cemeteries. Between my donations and my cousins, we have set up a new board for a new nonprofit, and Gilmer County says that it doesn’t matter that the old nonprofit was defunct. We are now the owners of the cemetery.
“It has been a long road, getting from there to here.”
Though the by-laws give preference to Good Shepherd Church parishioners for plots, my dealings with them have been rather chilly, despite my assuring them that they have no liability. I wanted to be able to get them involved in raising donations for the nonprofit, and to know that plots are available to parishioners. They published in their bulletin that the services are available, with our contact information, while completely distancing themselves from our cemetery. But they have enough on their hands, having been combined with the church in Camden which DOES have a cemetery.
The point is, we can expect no help from the church, and if I show up to Mass (which I do when I’m in town on a Sunday), I don’t think a donation box would be well-received.
If you have a family member interred in the cemetery, and want to donate to the upkeep, please go to
https://www.paypal.com/US/fundraiser/charity/5561330
Furthermore, if you lost a family member, and want to know how to obtain a plot, or if you have any other questions, please contact goodshepherdcemeterywv@gmail.com.
Sincerely,
Tina Gainer Barton