N.Y. County Law § 553: Trustee of cemetery lots

§ 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.