Section 553. Trustee of cemetery lots


Latest version.
  • Any person, persons or corporation
      owning or interested in a lot or lots in any cemetery in this state  may
      create a trust in perpetuity for the maintenance of such cemetery lot or
      lots,  the  preservation of a building, structure, fence or walk in such
      cemetery, the renewal or preservation of a tomb, monument, stone, fence,
      railing or other erection or structure on or around any of such lots, or
      the planting or cultivation of trees, shrubs, flowers or  plants  in  or
      about the same, or for any of such purposes, by transferring, conveying,
      devising  or  bequeathing to the county treasurer of the county in which
      such cemetery is located, real or  personal  property,  and  designating
      such  county treasurer as trustee in the instrument creating such trust.
      Such instrument may direct that the income derived  from  such  property
      shall  be  applied  to  one  or  more  of the purposes specified in this
      section. A county treasurer  designated  as  trustee  pursuant  to  this
      section  must  accept  the property so transferred and, within five days
      after the receipt thereof, shall give notice by registered mail  to  the
      cemetery  association or cemetery corporation or other entity owning the
      cemetery that such property has been received pursuant to  this  section
      for  the  purposes provided for in the instrument creating the trust and
      such treasurer shall cause the same to be invested  in  accordance  with
      the  terms  of  the  trust,  if  any are prescribed, and otherwise shall
      invest and re-invest such property in securities in which savings  banks
      are authorized to invest. The income derived from such property shall be
      collected  by  the county treasurer who shall be entitled to receive and
      deduct five per centum of such income for administering the  trust.  The
      balance  of  such  income  shall  be paid by the county treasurer to the
      cemetery association or cemetery corporation or other entity owning  the
      cemetery, and such cemetery association or cemetery corporation or other
      entity  shall accept the same and apply the money so received, so far as
      the same may be applicable, in furtherance of the purpose for which such
      trust  was  created.  In  case  the  cemetery  association  or  cemetery
      corporation  should  become  extinct,  then  it shall be the duty of the
      supervisor of the town in which the cemetery is located, or the mayor of
      the  village  or  city,  if  it  is  located  in  a  village  or   city,
      respectively,  to  receive  the income from such trust and expend it for
      the purposes provided for in the instrument creating the trust.