Cemetery Issue Appears to Be Solved

By: Tim Schmidt
Posted 5/8/09

Warren County commissioners agreed to help resolve a dispute over ownership of the Bryan Cemetery, where Daniel Boone was buried, following a request by an organization that is interested in …

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Cemetery Issue Appears to Be Solved

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Warren County commissioners agreed to help resolve a dispute over ownership of the Bryan Cemetery, where Daniel Boone was buried, following a request by an organization that is interested in preserving the 1-acre parcel. About 20 members of the Friends of Daniel Boone's Burial Site in Missouri, a group formed a year ago to bring attention to the Bryan Cemetery and Boone Monument outside of Marthasville, met with commissioners Monday afternoon. Marc Houseman, president of the group, said he became concerned about the cemetery's future when approached by Bernardo Brunetti, who purchased the property surrounding the cemetery from Grace and Walter Stemme in June. Houseman told commissioners Brunetti indicated to him he had found a way to "acquire" the cemetery property. However, Houseman added it's widely known that a public or private cemetery cannot be sold in the state of Missouri. Brunetti told Houseman a quit claim deed was filed with the county last month giving him control of the cemetery property. However, Wendy Nordwald, Warren County assessor, said the quit claim deed is not legally binding, especially since the Stemmes didn't have ownership of the cemetery in the 55 years they owned the adjacent property. "I could quit claim a deed anything to anyone for any reason and it doesn't mean a thing," Nordwald stated. Houseman expressed hope in reaching a resolution with Brunetti and avoiding a legal battle. "I'm not speaking for the group, but frankly I do feel threatened by the whole thing on how it was presented to me," Houseman told commissioners. An e-mail message left with Brunetti seeking comment was not returned by press time. He bought two pieces of property from the Stemmes, a tract located south of Boone Monument Road listed in his name and the property surrounding the cemetery listed under IPX, a corporation believed to be headed by Brunetti. Nordwald pointed out at Monday's meeting the legal description of property purchased by Brunetti's corporation included an exemption stating the cemetery property was not included. The fenced-in area where the cemetery is located takes up less than half of the property exempted from the legal description, according to Houseman. It is believed by many historians, Houseman said, that other bodies are buried outside the fenced area. The group tentatively has reached an agreement under which the state would use ground penetrating radar equipment to determine if additional gravesites are on the property. Citing Missouri State Statute 214.200, the commissioners agreed since the land has been used as a burial ground for a minimum of 10 years, a title may be obtained to the property. In addition, another state statute, 214.080, states five or more people may petition to enlarge a cemetery area through condemnation if an agreement cannot be worked out with the surrounding property owner. In order to comply with both statues, the commissioners said Monday a legal notice will be published to see if any descendants of the Griswold family have any intent to remain owners of the property and asked members to submit a petition requesting to enlarge the cemetery. A public notice is expected to be published as early as next week in The Record. Should no descendants of the Griswold family show interest, it's likely the county and the Friends of Daniel Boone's Burial Place in Missouri could serve as caretakers of the property, according to Presiding Commissioner Arden Engelage. "I think with us working together we can do this," he said. A renewed interest has been shown in the past year to preserve and improve the Boone Monument and Bryan Cemetery in hopes of the property becoming a state historical landmark. On July 25, a rededication ceremony was held to celebrate placement of a new Daniel Boone gravesite marker. The original bronze plaque was stolen from the monument in June 2008. Local historians have long contended that Daniel Boone and his wife, Rebecca, were buried at the cemetery. "Historically, it is one of the most important sites in Missouri," Houseman said. "Certainly, tourists from all over the world have visited this cemetery as evidenced by the guest book kept at the site. If this place is properly maintained and not exploited, it may serve as a source of tourism and revenue for the county into the foreseeable future." Houseman said Brunetti has expressed interest in providing additional parking on his property. Brunetti is currently restoring the brick home on the Boone Monument Farm, but has not said what his long-range plans are for the property. "Our goal is to make sure this remains a public site," said Paul Annable of Union, a member of the Friends of Daniel Boone's Burial Site group. "To me, this is on a much smaller scale, but it's like somebody laying claim to Arlington Cemetery."


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