State Codes and Statutes

Statutes > New-york > Cnt > Article-13 > 553

§  553.  Trustee  of cemetery lots. 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.

State Codes and Statutes

Statutes > New-york > Cnt > Article-13 > 553

§  553.  Trustee  of cemetery lots. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-13 > 553

§  553.  Trustee  of cemetery lots. 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.

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