§ 3554 — Perpetual care burial lots

Delaware § 3554

• Jurisdiction: Delaware
• Title: 12
• Part: Fiduciary Relations
• Ch. 35: TRUSTS
• Subch.: Trusts for Cemeteries and Other Noncharitable Purposes

Text

(a) Whenever a person, partnership or corporation engaged in the business of selling burial lots with perpetual care for profit shall sell any burial lot with perpetual care, it shall deposit in a bank and trust company, trust company or national banking association having fiduciary powers, a sum equal to at least1/10of the gross sales price of such lot as a permanent lot care fund for the maintenance of burial lots sold with perpetual care and shall designate such banking institution as trustee of such fund. The permanent lot care fund so established shall be invested in compliance with Chapter 33 of this title and the trustee shall pay at least semiannually the net income from the fund to the person, partnership or corporation for the perpetual care and preservation of the burial lots sold with perpetual care.

(b) Any person, partnership or corporation engaged in the business of selling burial lots shall keep a record of all sales of burial lots showing the name of the purchaser or lessee, whether such lot was sold with perpetual care and the gross sales price. Such records shall be made available to the Attorney General of this State for inspection.

Legislative History

12 Del. C. 1953, § 3554; 55 Del. Laws, c. 397 ; 65 Del. Laws, c. 341, § 1