N.Y. General Municipal Law § 163: Lot owners' rights

§ 163. Lot owners' rights. Lots in such cemeteries shall be held

indivisible, and upon the decease of a proprietor of such lot the title

thereto shall descend to his or her heirs-at-law or devisees, subject,

however to the following limitations and conditions: If survived by a

spouse and children, they shall have in common the possession, care and

control of such lot during the life of the surviving spouse. If survived

by a spouse and no children, he or she shall have the possession, care

and control of such lot during his or her life. If survived by children

and no spouse, they, or the survivor of them, shall in common have the

possession, care and control of such lot during the life of the survivor

of them. The parties having such possession, care and control of such

lot during the term thereof, may erect a monument and make other

permanent improvements thereon. The surviving spouse shall have the

right of interment for his or her body in such lot, or in a tomb in such

lot, and a right to have his or her body remain permanently interred or

entombed therein, except that such body may be removed therefrom to some

other family lot or tomb with the consent of the heirs. At any time when

more than one person is entitled to the possession, care or control of

such lot, the persons so entitled thereto shall designate in writing to

the clerk of the corporation which of their number shall represent the

lot, and on their failure to designate, the board of trustees or

directors or commissioners of the corporation or commission shall enter

of record which of said parties shall represent the lot, while such

failure continues. The surviving spouse may at any time release his or

her right in such lot, but no conveyance or device by any other person

shall deprive the surviving spouse of such right.