CHAPTER 222 - CEMETERIES

AN ACT TO AUTHORIZE CEMETERY CORPORATIONS TO HOLD TRUST FUNDS IN PERPETUITY OR FOR ANY SHORTER TIME, THE INCOME OF WHICH IS TO BE APPLIED TO THE CARE AND UPKEEP OF CEMETERIES OR LOTS THEREIN.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That any corporation created and existing under the laws of this State and owning one or more cemeteries in this State may take and hold, in perpetuity or for any shorter time, any real and/or personal property which shall be given, granted, devised or bequeathed to said corporation upon the trust to invest and reinvest the said property and to use and apply the income thereof for the care, improvement or embellishment of such cemetery or cemeteries, or of any one or more lot or lots therein, or for the erection or preservation of any buildings, structures or fences erected or to be erected upon any one or more of the lot or lots in said cemetery or cemeteries, or for the erection, repair, preservation or renewal of any tomb, tombstone, monument, gravestone, mausoleum, fence, railing or other erection in, on or around any said lot or lots, or for planting and cultivating trees, shrubs, flowers or plants in, on or around any such lot or lots, or for any and all of such purposes, in accordance with the terms and provisions of such gift, grant, devise or bequest, which terms and provisions may restrict the use and application of the income of said trust fund to any one lot whether owned by the donor of said trust fund or by any other person or persons.

Section 2. That any real estate so given, granted or devised to such corporation in trust as aforesaid, other than a lot or lots in said cemetery or cemeteries, may be sold and conveyed by said cemetery corporation at its discretion and the proceeds thereof shall be held under the same uses and trusts and subject to the same limitations as applied to the real estate before the sale thereof; provided however, that the donor of said real estate may provide otherwise in the trust instrument.

Section 3. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed.

Approved April 18, 1935.