(760 ILCS 90/0.01) (from Ch. 21, par. 30.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Burial Lot Perpetual Trust Act.
(Source: P.A. 86-1324.)
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(760 ILCS 90/1) (from Ch. 21, par. 31)
Sec. 1.
Any burial lot in any cemetery controlled
by any company or association incorporated for cemetery purposes under any
general or special law of the State of Illinois, may, by the owner or
owners, be conveyed or bequeathed back to and held by such company or
association in perpetual trust for the purpose of its preservation as a
place of burial, and shall thereafter remain forever inalienable by act of
the parties, but the right to use the same as a place of burial of the dead
of the family of the owner and his descendants shall descend from
generation to generation unless the deed of conveyance in trust shall
provide that interments in such lot shall be confined to the bodies of
specified persons, in which case such lot shall be forever preserved as the
burial place of the persons specified in the deed and shall never be used
for any other purpose whatever. However, in all cases where
in addition to the cemetery corporation there is a special corporation or
board of trustees created for the purpose of taking and preserving an
improvement fund or funds for the respective cemetery, then and in such
instances conveyances in trust of burial lots to
be held in perpetuity may
be made to and held by such special corporation or board of trustees, upon
the same trust, provisions and conditions as are above provided in case of
conveyances to cemetery companies. However, no
conveyance in trust authorized by this Act shall be made without the
consent of the cemetery company or association in whose cemetery such
burial lot is located.
(Source: P.A. 84-549.)
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(760 ILCS 90/2) (from Ch. 21, par. 32)
Sec. 2.
Every company or association incorporated for cemetery
purposes under any general or special law of the State of Illinois may
receive, by gift, legacy, or otherwise, moneys or real or
personal property, or the income or avails of such moneys or property,
in trust, in perpetuity, for the improvement, maintenance,
ornamentation, repair, care and preservation of any burial lot or grave,
vault, tomb, or other such structures, in any cemetery owned or
controlled by such cemetery company or association, upon such terms and
in such manner as may be provided by the terms of such gift, legacy
or other conveyance of such moneys or property in trust and
assented to by such company or association, and subject to the rules and
regulations of such company or association, and every such company or
association owning or controlling any such cemetery may make contracts
with the owner or owners or legal representatives of any lot, grave,
vault, tomb, or other such structure in such cemetery, for the
improvement, maintenance, ornamentation, care, preservation and repair
of any such lot, grave, vault, tomb, or other such structure in such
cemetery owned or controlled by such cemetery company or association.
If the cemetery is a privately owned cemetery, as defined in Section 2 of the Cemetery Care Act, or a licensed cemetery authority under the Cemetery Oversight Act, or if the burial lot or grave, vault, tomb, or other such structures are in a privately owned cemetery, as defined in Section 2 of the Cemetery Care Act, or a licensed cemetery authority under the Cemetery Oversight Act, then such company or association shall also comply with the provisions of the Cemetery Care Act or Cemetery Oversight Act, whichever is applicable.
(Source: P.A. 96-863, eff. 3-1-10.)
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