CHAPTER 235 - REQUIRING PERPETUAL CARE FOR CEMETERY LOTS

AN ACT TO AMEND CHAPTER 98 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO SETTLEMENT OF PERSONAL ESTATES BY REQUIRING EXECUTORS AND ADMINISTRATORS TO PROVIDE PERPETUAL CARE FOR CEMETERY LOTS.

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

Section 1. That Chapter 98 of the Revised Code of Delaware, 1935, be and the same is hereby. amended by adding a new Section after 3837. Section 39. thereof, said new Section to be styled 3837A. Section 39A., as follows:

3837A. Section 39A. Perpetual Care for Cemetery Lots:--In every case where there are sufficient assets of an estate remaining in the hands of executors and administrators, after the payment of debts as provided for in Section 39 of this Chapter, such executors and administrators shall pay to the corporation, association, firm, trustees or individual owning, operating or maintaining the cemetery wherein the decedent is interred for the perpetual upkeep and care of the lot or plot of interment the sum customarily charged by such corporation, association, firm, trustees or individual for perpetual upkeep or care of lots or plots in such cemetery. In cases where there is no fixed or customary charge for perpetual upkeep or care of cemetery lots or plots, executors and administrators shall .pay to the corporation, association, firm, trustees or individual owning, operating or maintaining such cemetery for the perpetual upkeep and care of such lots or plots the sum of Seventy-five Dollars ($75.00).

Any and all sums paid under the provisions of this Section to any corporation, association, firm, trustees or individual owning, operating or maintaining any cemetery shall be considered trust funds, the income from which shall be used to provide perpetual upkeep and care for the lots and plots in such cemetery for which perpetual upkeep and care has been provided in accordance with the provisions of this Section; provided, however, that such trust funds, in addition to the securities now or hereafter designated by Law as being proper for the investment of . trust funds, may be transferred to any bank or trust company in the State of Delaware under deed of trust to be invested for the purpose of providing income to carry out the provisions of this Section.

Approved April 20, 1945.