Section 163. Lot owners' rights  


Latest version.
  • Lots in such cemeteries shall be held
      indivisible, and upon the decease of a proprietor of such lot the  title
      thereto  shall  descend to his or her heirs-at-law or devisees, subject,
      however to the following limitations and conditions: If  survived  by  a
      spouse  and children, they shall have in common the possession, care and
      control of such lot during the life of the surviving spouse. If survived
      by a spouse and no children, he or she shall have the  possession,  care
      and  control of such lot during his or her life. If survived by children
      and no spouse, they, or the survivor of them, shall in common  have  the
      possession, care and control of such lot during the life of the survivor
      of  them.   The parties having such possession, care and control of such
      lot during the term  thereof,  may  erect  a  monument  and  make  other
      permanent  improvements  thereon.    The surviving spouse shall have the
      right of interment for his or her body in such lot, or in a tomb in such
      lot, and a right to have his or her body remain permanently interred  or
      entombed therein, except that such body may be removed therefrom to some
      other family lot or tomb with the consent of the heirs. At any time when
      more  than  one person is entitled to the possession, care or control of
      such lot, the persons so entitled thereto shall designate in writing  to
      the  clerk  of the corporation which of their number shall represent the
      lot, and on their  failure  to  designate,  the  board  of  trustees  or
      directors  or commissioners of the corporation or commission shall enter
      of record which of said parties shall  represent  the  lot,  while  such
      failure  continues.  The surviving spouse may at any time release his or
      her right in such lot, but no conveyance or device by any  other  person
      shall deprive the surviving spouse of such right.