§ 8 — Lot owners' rights

New York § 8

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 2: General Provisions

Text

§ 8. Lot owners' rights. Lots in such cemeteries shall be held\nindivisible, and upon the decease of a proprietor of such lot the title\nthereto shall descend to his heirs-at-law or devisees, subject, however,\nto the following limitations and conditions: If he leaves a widow and\nchildren, they shall have in common the possession, care and control of\nsuch lot during her life. If he leaves a widow and no children, she\nshall have the possession, care and control of such lot during her life.\nIf he leaves children and no widow, they, or the survivor of them, shall\nin common have the possession, care and control of such lot during the\nlife of the survivor of them. The parties having such possession, care\nand control of such lot during the term thereof, may erect a monument\nand make other permanent improvements thereon. The widow shall have the\nright of interment, for her own body in such lot, or in a tomb in such\nlot and a right to have her body remain permanently interred or entombed\ntherein, except that her body may be removed therefrom to some other\nfamily lot or tomb with the consent of her heirs. At any time when more\nthan one person is entitled to the possession, care or control of such\nlot, the persons so entitled thereto shall designate in writing to the\nreligious corporation which of their number shall represent the lot, and\non their failure to designate, the board of trustees or directors of the\ncorporation shall enter of record which of said parties shall represent\nthe lot, while such failure continues. The widow may at any time release\nher right in such lot, but no conveyance or devise by any other person\nshall deprive her of such right.\n