§ 38-30-110 — Rule against perpetuities inapplicable to cemetery trusts

(1)
Any gifts, bequests, transfers, grants, or conveyances of real or personal property
by any one person in trust amounting to not more than twenty-five thousand dollars
in value in the aggregate at the time of the creation of such trusts, the income of
which is to be used exclusively for the purpose of creating, maintaining, or caring
for any graves, tombs, mausoleums, grave markers or monuments, burial places,
grave sites, cemetery plots, or graveyards and payment of reasonable
compensation to the trustee, shall be good, valid, and enforceable regardless of the
time such trusts continue. The rule or law against perpetuities shall have no
application to any such part of any such trusts as are not more than twenty-five
thousand dollars in value at the time of the creation of such trusts.

(2) Nothing in this section shall be deemed to detract from the validity of any
payment, gift, or bequest in consideration of an agreement of a cemetery relating
to care and maintenance, or any trust or other agreement entered into by a
cemetery in aid or furtherance of any promise of such cemetery relative to the
maintenance thereof, or of any grave, tomb, mausoleum, grave marker or
monument, burial place, grave site, or cemetery plot therein.

Legislative History

Source: L. 43: p. 222, �� 1, 2. CSA: C. 40, � 9(1). CRS 53: � 118-1-10. C.R.S. 1963: � 118-1-10.