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June 16, 2024 Clear | 55°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 28: Conveyance of cemetery lots or interest in lots in trust for preservation as memorial; rights of heirs of owner; control over lot or interest in lot

Section 28. The owner of any right, title or interest in or to a lot, tomb or monument in any cemetery owned or controlled by any company or association or by any town, may convey or devise the same to such company, association or municipality in trust for the purpose of its preservation as a memorial or as a burial place for the bodies of the owner and his descendants or relatives, or of such other persons as may be specified in the instrument creating the trust, or upon such other trust as may be created by the instrument and accepted by the grantee or devisee; but no such instrument shall be construed to take away the right of the heirs of the owner of a lot or tomb to be buried therein, unless the instrument contains an express provision to that effect. Any such grantee or devisee may accept any such grant, gift or devise, and if it accepts the same shall forever carry out and observe the terms of the instrument by which the grant, gift or devise was made. After the making of a conveyance or the taking effect of a devise and its acceptance by the cemetery authorities, the grantor of the lot, tomb or monument or of any interest therein, or the heirs and assigns of the grantor or devisor thereof, shall have no control over it except such as may be reserved in the instrument.