§ 1401. Private and family cemetery corporations.\n (a) Private cemetery corporation. Seven or more persons may become a\nprivate cemetery corporation by setting off for a private cemetery\nenclosed real property, to the extent of not more than three acres, and\nby electing at a meeting of the owners of the property so set off, at\nwhich not less than seven shall be present, three of their number to be\ndirectors, to hold office for five years. The chairman and secretary of\nsuch meeting shall make, sign and acknowledge, and file in the office of\nthe clerk of the county in which such real property is situated, a\ncertificate containing the name of the corporation, a description of the\nlands so purchased or set apart, and the names of the directors. No such\ncemetery shall be located within one hundred rods of any dwelling-house\nwithout the written consent of the owner thereof. Additional lands not\nexceeding three acres may be acquired by a private cemetery corporation;\nbut no additional lands so purchased or otherwise acquired shall be used\nfor the purpose of burial within three hundred feet of any dwelling\nwithout the written consent of the owner thereof.\n (b) Removal of remains from private cemeteries to other cemeteries.\nThe supervisor of any town containing a private cemetery may remove any\nbody interred in such cemetery to any other cemetery within the town, if\nthe owners of such cemeteries and the next of kin of the deceased\nconsent to such removal. The owners of a private cemetery may remove the\nbodies interred therein to any other cemetery within such town, or to\nany cemetery designated by the next of kin of the deceased. Notice of\nsuch removal shall be given within twenty days before such removal\npersonally or by certified mail to the next of kin of the deceased if\nknown and to the clerk and historian of the county in which such real\nproperty is situated and notice shall be given to the New York state\ndepartment of state, division of cemeteries. If any of the deceased are\nknown to be veterans, the owners shall also notify the department of\nveterans' services. In the absence of the next of kin, the county clerk,\ncounty historian or the department of veterans' services may act as a\nguardian to ensure proper reburial.\n (c) Family cemetery corporations. Any person, by deed or devise, may\ndedicate land to be used exclusively for a family cemetery. The\nexecutors, administrators or trustees of a deceased person, with the\nwritten authority of all of his surviving heirs, next of kin, devisees\nand legatees, executed in person or by an attorney, or if infants, by\nlegal guardian, may dedicate lands of such deceased person exclusively\nfor a family cemetery, or may purchase with the funds of the estate,\nsuitable lands therefor. The land so dedicated shall not exceed three\nacres, not be located within one hundred rods of a dwelling-house,\nwithout the consent of the owner, unless such land, at the time of\ndedication, is in actual use for burial or cemetery purposes within the\nlimits of a city. The instrument dedicating such land shall describe the\nsame, may appoint directors to manage such cemetery, prescribe, or\nprovide for making rules, directions or by-laws for such management,\ndirect the manner of choosing successors to the directors, specify their\nqualifications, and grant to them and their successors money or personal\nproperty as a fund for maintaining, improving and embellishing the\ncemetery, in accordance with the deed or will, or the written authority\nof the heirs, next of kin, devisees and legatees. The instrument\ndedicating land for a family cemetery, together with the authority, if\nany, of the heirs, next of kin, devisees and legatees of the deceased\nperson, shall be filed in the office of the county clerk of each county\nin which the cemetery is to be situated. The directors before entering\non their duties, shall file in the office of the county clerk of each\nsuch county,
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.