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This entry was published on 2014-09-22
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SECTION 163
Lot owners' rights
General Municipal (GMU) CHAPTER 24, ARTICLE 8
§ 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.