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Under the trust deed, the founders sought to preserve the park in perpetuity.
The weakness of the model lay in the detail however, but this was not evident for thirty years.
An eventual successful prosecution by the Crown, ruled that despite their unusual business model and the way in which plots were seemingly sold as freehold land, the legal arrangements were actually inadequate to achieve a different status from any other commercial cemetery, either for the company or the registered keepers of plots.
In consequence, company income could not be held in trust for the park, but was to be treated as for any other commercial profit-making company and taxed accordingly.
Abney Park in Stoke Newington, in the London Borough of Hackney, is a historic parkland originally laid out in the early 18th century by Lady Mary Abney and Dr. In 1840 it became a non-denominational garden cemetery, a semi-public park arboretum, and an educational institute, which was widely celebrated as an example of its time.Its approach was based on the Congregational church's role in the London Missionary Society (LMS), whose fundamental principle was to develop a wholly non-denominational exemplar.It also drew on American burial ideas, specifically Mount Auburn in Massachusetts.In 1978, apart from one forecourt building, the park passed to the local council as a burial ground and open space subject to the Local Authorities Cemeteries Order of 1977.For the next twenty-one years, there being only a small number of residual burial and monuments rights, the Council worked with local groups and relatives to accommodate these rights, and exercise discretion to allow occasional courtesy burials, where families had previously held deeds from the cemetery company; but by and large nature was allowed to take its course.
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A total of 196,843 burials had taken place there up to the year 2000.