2006 New York Code - Rights Of Lot Owners.

 
  § 1512. Rights of lot owners.
    (a)  Lots;  indivisible  and  inalienable.  All  lots,  plots or parts
  thereof, the use of which has been conveyed as a separate lot, shall  be
  indivisible,  except with the consent of the lot owner or lot owners and
  the corporation, or as in this section provided. After a burial therein,
  the same shall be inalienable, except as otherwise provided.
    (b) Interest of deceased lot owner. Upon the  death  of  an  owner  or
  co-owner of any lot, plot or part thereof, unless the same shall be held
  in  joint  tenancy,  or  tenancy  by  the  entirety, the interest of the
  deceased lot owner shall pass to the devises of such lot owner, but,  if
  such interest be not effectually devised, then to his or her descendants
  then  surviving, and if there be none, then to the surviving spouse, and
  if there be none, then to those entitled to take the real  and  personal
  property  of  the  deceased  lot  owner  pursuant to article four of the
  estates, powers and trust law provided, however, that no interest in any
  lot, plot or part thereof shall pass by any residuary or  other  general
  clause  in  a will and such interest shall pass by will only if the lot,
  plot or part thereof sought to be devised is specifically referred to in
  such will. The surviving spouse of a deceased lot owner  during  his  or
  her  life  and  the owners from time to time of the deceased lot owner's
  lot, plot or part thereof, shall have in common the possession, care and
  control of such lot, plot or part thereof.
    (c) Purchase for burial of decedent. Whenever  a  lot,  plot  or  part
  thereof   shall   be   purchased   by  the  executor,  administrator  or
  representative of a decedent from estate funds for  the  burial  of  the
  decedent,  the  surviving spouse of the decedent shall have the right of
  interment  therein,  and  the  deed  shall  run  to  the  names  of  the
  distributees,  other  than  the surviving spouse, of the decedent, or to
  "The distributees,  other  than  the  surviving  spouse,  of  .........,
  deceased",  if  there  be  such  surviving  spouse,  otherwise  to  "The
  distributees of............., deceased." If the deed shall run  to  "The
  distributees,  other  than the surviving spouse of ........., deceased,"
  or  to  "The  distributees  of  .........,  deceased,"   the   executor,
  administrator  or  representative  shall, at the time of delivery of the
  deed to such lot, plot or part thereof, file  with  the  corporation  an
  affidavit  setting  forth  the  names and places of residence of all the
  decedent's distributees, and the corporation shall be entitled  to  rely
  upon the truth of the statements contained in such affidavit.
    (d)  Right  of  interment.  A  deceased person shall have the right of
  interment in any lot, plot or part thereof of which he or  she  was  the
  owner  or  co-owner  at  the  time  of  his or her death, or in any tomb
  erected thereon. The surviving spouse shall have the right of  interment
  for his or her body in a lot or tomb in which the deceased spouse was an
  owner  or co-owner at the time of his or her death, except where all the
  available burial spaces in a lot or tomb have been  designated  for  the
  interment  of  persons  other  than  the  surviving  spouse, pursuant to
  subdivision (f) of this section, and a right to have  his  or  her  body
  remain  permanently interred or entombed therein, except, that such body
  may be removed therefrom as  provided  in  subdivision  (e)  of  section
  fifteen  hundred  ten  of  this  article. Such right may be enforced and
  protected by his or her  personal  representatives.  The  remains  of  a
  spouse,  parent or child of a person who is an owner or co-owner thereof
  may be interred in such lot or tomb without the consent  of  any  person
  claiming  any interest therein, subject, however, to the following rules
  and exceptions: (A) The place of interment in such lot shall be  subject
  to the reasonable determination by a majority of the co-owners or in the
  absence of such determination by the cemetery corporation or its officer
  or  agent having immediate charge of interments. (B) Any husband or wife
  living separate from the other and owning a lot in which the other,  but
  for  this  section,  would have no right of burial, at least thirty days
  before the death of the other, may file with the cemetery corporation  a
  written  objection  to  the  interment of the other, and thereupon there
  shall be no right of interment under this subdivision. (C) A  parent  or
  child  owning a lot in which the other would have no right of burial but
  for this section, at least thirty days before the death  of  the  other,
  may  file  with  the  cemetery  corporation  a  written objection to the
  interment of the other,  and  thereupon  there  shall  be  no  right  of
  interment  under  this subdivision. In such case, if the parent or child
  so excluded from burial in such lot shall die without having  any  place
  of  interment,  then  the  person  filing  such  objection shall at once
  provide for the other  a  suitable  place  of  burial  in  a  convenient
  cemetery. The cost of such place of interment shall be chargeable to the
  decedent's estate, if any. (D) This section shall not permit a burial in
  any  ground  or  place contrary to or in violation of any precept, rule,
  regulation or usage of any church or religious society,  association  or
  corporation restricting burial therein. This subdivision shall not limit
  any existing right of burial under other provisions of law, nor shall it
  limit  or  curtail  the  right  of  alienation,  under  the rules of the
  cemetery corporation wherein such lot is situated, by the owner of a lot
  before the death of the person for whose remains the right of burial  is
  provided  herein,  and there shall be no right of burial in any lot sold
  by its owner, before the death of the person for whose remains the right
  of burial is provided herein.
    (e) More than one person entitled to possession and  control.  (1)  At
  any  time  when more than one person is entitled to the possession, care
  and control of such lot, any of the persons so entitled thereto may file
  with the corporation an affidavit setting forth the names and places  of
  residence  of  all  the  persons  entitled  to  the possession, care and
  control of such lot, and the corporation shall be entitled to rely  upon
  the truth of the statements contained in such affidavit. The corporation
  shall  be  entitled to collect a reasonable fee for filing and recording
  such affidavit and other documents filed in its office.  (2) At any time
  when more than one person is entitled to the possession, care or control
  of such lot, plot or part thereof, the persons so entitled thereto shall
  file with the corporation a designation of a person who shall  represent
  the  lot,  plot  or  part  thereof,  and  so  long as they shall fail to
  designate, the corporation may make such designation. A distributee  may
  release his or her interest in a lot, plot or part thereof, to the other
  distributees, and a joint owner may release or devise to the other joint
  owners, his or her right in the lot, plot or part thereof, on conditions
  specified  in  the  release  or  will, the original or certified copy of
  which shall be filed in the office of  the  corporation.  The  surviving
  spouse  not  excluded  from  the right of burial under the provisions of
  subdivision (d) of this section, at any time  may  release  his  or  her
  right  in such lot, plot or part thereof, but no conveyance or devise by
  any other person shall deprive him or her of such right.
    (f) Designation of persons who may be interred. At any  time  all  the
  owners  of  a  lot, and any surviving spouse having a right of interment
  therein, may execute, acknowledge  and  file  with  the  corporation  an
  instrument,  and  the  sole  owner  of  a  lot  may,  in  a testamentary
  instrument  admitted  to  probate,  make  a  provision,  which  may  (A)
  designate  the  person or persons or class of persons who may thereafter
  be interred in said lot or in a tomb in such lot and the places of their
  interment; (B) direct that upon the interment of certain named  persons,
  the  lot  or tomb in such lot shall be closed to further interments; (C)
  direct that the title of the lot shall upon the death of any one or more
  of the owners, descend in perpetuity to his, her or their  distributees,
  unaffected   by  any  devise.  In  any  case  in  which  an  irrevocable
  designation of a person, persons or class of persons who may be interred
  in  any  lot  or  tomb has been made pursuant to this subdivision and in
  which the designated person or persons, or all of  the  known  class  of
  designated  persons,  have  died  and have not been buried in the places
  designated in said lot or tomb, or have by  a  written  instrument  duly
  signed  and  acknowledged  and filed with the corporation, renounced the
  right of interment pursuant to such designation, then, and in  any  such
  event,  the  then  owner or owners of said lot or tomb and any surviving
  spouse having the right of  interment  therein,  may  designate  another
  person  or persons or class of persons who may thereafter be interred in
  said lot or in a tomb in said lot, and the places  of  their  interment,
  unless  the  original designation clearly indicated not only that it was
  irrevocable, but also that no further designations were to be made.  Any
  designation  provided  for  by  this subdivision except a designation by
  testamentary  instrument,  shall  be  deemed   revocable   unless   such
  instrument  provides otherwise.   In the event an owner or co-owner of a
  lot is under the age of eighteen years, any designation provided for  by
  this  subdivision,  except a designation by testamentary instrument, may
  be executed and acknowledged by the parent or  general  or  testamentary
  guardian for and on behalf of such owner or co-owner, provided, however,
  that  no  such designation may be made unless a place of interment shall
  remain available in said lot or in a tomb in such lot for the  interment
  of  each  owner  or co-owner of the lot under the age of eighteen years,
  and any designation so made may be revoked by the owner or co-owner upon
  reaching the age of  eighteen  years  except  with  respect  to  burials
  effected before that time. A designation made by a parent or guardian on
  behalf  of  an  infant owner or co-owner who is over the age of fourteen
  years must contain the written consent of such infant owner or co-owner.
    (g) Lot owner voting. Each owner of full age of a lot in the  cemetery
  of  the corporation, as shown in the records of the cemetery at the time
  of the purchase of the lot from the corporation, or if there be  two  or
  more  owners,  then  one  of them designated in writing by a majority of
  them, may cast, in person or by proxy,  one  vote  at  meetings  of  the
  corporation in respect to each such lot so owned. At such meetings, each
  owner  of  a  certificate  of  stock heretofore lawfully issued shall be
  entitled to one vote for each share of stock owned by him and each owner
  of a certificate of indebtedness shall be entitled to one vote for  each
  one hundred dollars of such indebtedness remaining unpaid.  No lot owner
  shall be entitled to vote unless all assessments against the lot of such
  owner  shall  have  been paid. A quorum for the transaction of business,
  unless the certificate of incorporation or  by-laws  otherwise  provide,
  shall  be  five  members entitled to vote at the meeting. In the event a
  lot owner has executed a proxy which has been in effect for five or more
  years, the cemetery corporation shall not honor such proxy unless it  is
  presented  with  proof that the lot owner has been sent a written notice
  at the address listed in the records of the corporation at least  thirty
  days prior to the meeting at which the proxy is to be exercised advising
  the  lot  owner  that  the  proxy  is  still effective. The notice shall
  identify the date, time and place of such meeting, and the name  of  the
  person  holding  the proxy and shall state that it may, unless the proxy
  provides otherwise, be terminated at any time. Such notice need  not  be
  mailed more frequently than every fifth year.
    (h)    Plots   owned   by   religious   corporations,   unincorporated
  associations, or other entities that provide  burial  benefits  for  its
  members.  With  respect  to  any  lot,  plot  or part thereof owned by a
  membership or religious corporation  or  unincorporated  association  or
  other entity that provides burial benefits for its members, and requires
  the  cemetery  to  obtain  a  burial  authorization from the membership,
  religious corporation, unincorporated association, or other entity,  the
  following rules shall apply:
    (1)  If  a cemetery receives a request to bury an individual who was a
  member  of   a   membership,   religious   corporation,   unincorporated
  association,  or other entity that owns the lot, plot or part thereof in
  which the burial would be made, and despite reasonable  efforts  on  the
  part  of  the  family  of  the  deceased,  the  funeral home, and/or the
  cemetery, no representative of the  membership,  religious  corporation,
  unincorporated  association,  or other entity that owns the lot, plot or
  part thereof in which the  burial  would  be  made  can  be  located  to
  authorize  the burial, the cemetery may, at its discretion, proceed with
  the interment provided that documentary evidence indicating  a  specific
  grave  reservation  in  the  lot, plot or part thereof, for the deceased
  individual is provided to the cemetery and further that the cemetery has
  recorded such reservation on its books and in its records;
    (2) If the decedent is within the first degree of consanguinity to  an
  individual  already  interred  in  the lot, plot or part thereof, or the
  spouse of the decedent is already interred in  the  lot,  plot  or  part
  thereof,   the  cemetery  may,  at  its  discretion,  proceed  with  the
  interment, provided some form of documentary evidence is provided to the
  cemetery as to the decedent's right of burial in the lot, plot  or  part
  thereof;
    (3)  The  right  of  memorialization  shall,  under  the circumstances
  described in this paragraph, pass  to  the  person  with  the  right  of
  possession of the body at the time of burial; and
    (4)  Neither the cemetery nor the funeral director shall be liable for
  any claims, in  law  or  equity,  relating  to  the  failure  to  obtain
  authorization from the membership, religious corporation, unincorporated
  association,  or  other  entity for the use of the plot, lot, or portion
  thereof provided that the requirements of this paragraph have been met.