Code of Virginia

Code of Virginia
Title 57. Religious and Charitable Matters; Cemeteries
9/20/2020

Article 3. Disposition of Property for Maintenance and Care.

§ 57-31. May be in perpetuity.

No disposition of property heretofore or hereafter made for the maintenance or care of any cemetery, burial ground, burial lot in a cemetery, or monument, or other erections about such cemetery or burial lot, shall fail by reason of such disposition having been made in perpetuity, but shall be valid.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

§ 57-32. Who may hold such property.

Any cemetery company chartered under the laws of the Commonwealth, or a church, or any trustees holding title to a cemetery, or burial ground, may take and hold any property granted, bequeathed, devised, or given upon trust to apply its income to the improvement, repair, or embellishment of the cemetery, or any burial lot or monument or tomb or vault or other erections in such cemetery, according to the terms of such grant, bequest, devise, or gift.

Code 1919, § 59; 1918, p. 103; 1920, p. 10; 2005, c. 772.

§ 57-33. Repealed.

Repealed by Acts 1995, c. 255.

§ 57-34. Amount to defray original cost not limited.

Nothing contained in this article shall be construed as limiting the amount which may be given, bequeathed or devised to defray the original cost of the cemetery, burial lot, monument, vault or other like erection or structure, nor shall this article be construed as affecting any estate that has been distributed or settled on the basis of the law then existing.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

§ 57-35. Trusteeship for administering funds for perpetual care.

The board of directors of any incorporated cemetery company may by bylaw establish a trusteeship for holding and administering all funds paid to such cemetery company for the perpetual care of any lot or lots in the cemetery conducted by the company, and such trusteeship, once established, shall only be revoked, annulled or modified by and with the consent of the circuit court of the county or the corporation court of the city within whose jurisdiction the cemetery is situated.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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