§ 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.