VA family’s fight to have an Army veteran buried

PRINCE WILLIAM COUNTY, Va. - Army veteran Ellis Maxfield died last summer after battling Leukemia and should have been laid to rest. Instead, his family tells FOX 5 they’ve been fighting to get him buried with his mother and grandparents in a Virginia cemetery. 

Maxfield's great-niece tells FOX 5 the family has not one but two legal rights to bury him where they'd like to. 

The cemetery at the center of this battle is First Woodbine Church Cemetery, previously known as Woodbine Cemetery in Manassas, Prince William County. The family will face the newer owner of this burial ground in court next week. 

Meanwhile, for nearly 10-months, their loved one’s body has been rotating from room to room at a nearby funeral home.

Joyce Maxfield immediately became emotional, tapping her hand to her heart as she walked toward the dark gray casket sitting inside a room at the Baker-Post Funeral Home and Cremation Center located about 13 minutes away from Woodbine Cemetery. 

The 83-year-old told FOX 5 this was the first time she had seen the casket since the family held a funeral for her brother-in-law last summer. Sealed inside the casket was 82-year-old Ellis Maxfield. 

"He was a kind, considerate, gentle human being," said Joyce Maxfield, "I found checks from people who borrowed money for him. Not a lot, maybe 100 or so. I found checks where they paid him back. He never cashed them. He was just a very, very kind person." 

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Joyce Maxfield had married Ellis’ brother but told FOX 5 she’s known Ellis for most of her life – ever since the two were first-graders in Oxon Hill, MD. 

The family later relocated to Virginia. Since Ellis Maxfield never married or had children, we’re told he moved as well and remained very close with his family.

Joyce Maxfield told FOX 5 she would care for Ellis when he was sick. He would often have dinner with his brother and sister-in-law. 

"Even though I married his brother, he still loved me," she joked.  
"It’s been awful. It’s been awful. We have had back-and-forth with Woodbine Cemetery. The constant refusals of what we can do," said Jenn Kakar, Joyce Maxfield’s granddaughter and great-niece to Ellis Maxfield.

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Kakar works at Baker-Post Funeral Home in Manassas. Fortunately, her boss is helping her keep her great-uncle’s casket. Her employer has been trying to help her grandmother. 

Kakar showed FOX 5 her great-uncle’s receipt from when he purchased two plots there in the 70s. She also showed receipts from when her great-uncle’s parents purchased plots in the 50s. However, when the family asked Ellis to be laid to rest where the family has space, next to his mother and grandparents, Kakar told FOX 5 the family was told "no."

FOX 5 was shown communication where the newer cemetery owner asked for proof. Even with the receipts and different certificates provided to show family lineage and proof of family ownership, the request was still denied. 

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Kakar also told FOX 5 they were told another family was buried in the spaces her great uncle paid for. 

"My grandmother’s 83-years-old and she’s in charge of everything. And the anguish and the tears and the lack of sleep, and the worry and the trips to attorneys and the things that she’s gone to, to have his wish be played out, you know, has been unreal," said Kakar. 

"I wouldn’t fight it like this if it wasn’t that important," said Maxfield. It is that important. Plus it’s a promise I made to him," 

An attorney for the Maxfield family told FOX 5 he believes the cemetery’s newer owner is trying to fix the troubles that appear to have been caused by the previous owner, a man identified as Pastor Gene Wells. 

The attorney also believes Wells may have sold the same plots to multiple families. 

Another family came forward about two years ago accusing Wells of illegally selling their family nearly $50,000-worth of burial space. Prince William County found digging was happening in areas not zoned for a burial ground. 

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Dave Cornwell of Nokesville, VA told FOX 5 he lost money, but his nephew lost closer to $46,000. FOX 5 quickly spoke with Cornwell on Thursday, who said the issue still has not been resolved.

Prince William County found ground not zoned for a cemetery was improperly being dug into. County officials did not respond to FOX 5’s request for information.

Calls to reach Wells went unanswered on Thursday. He reportedly lost ownership of the cemetery after filing for bankruptcy. 

FOX 5 reached out to the current cemetery owner’s attorney. The current owner would not discuss the Maxfield family’s situation with FOX 5.  

It’s still not clear why Ellis Maxfield cannot be buried at Woodbine Cemetery. 

March 24th is when the family goes to court to see whether they can move forward in this case and finally let Ellis Maxfield rest in peace.