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O.C.G.A. § 36-37-4 — Receipt of cemetery or burial lots in trust; annual returns; commissions | Georgia Code
O.C.G.A. § 36-37-4 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 7 PROCEDURE FOR RESOLVING ANNEXATION DISPUTES

36-37-4. Receipt of cemetery or burial lots in trust; annual returns; commissions.

Any person may convey to the mayor and council of any municipal corporation in this state any money or property to be held by the mayor and council in trust, the corpus or increase thereof to be expended, as directed by such conveyance, in the improvement or preservation and care of any cemetery or of the burial lots of such owner therein. The mayor and council shall receive and hold the property and execute such trusts, according to the terms thereof, as other trusts are executed under the laws of this state. They shall make annual returns to the judge of the probate court and shall be entitled to such commissions as are paid to other trustees, but they shall not be required to give bond.

(Ga. L. 1889, p. 178, § 1; Civil Code 1895, § 742; Civil Code 1910, § 889; Code 1933, § 69-503.)

JUDICIAL DECISIONS

Cited in Bituminous Cas. Corp. v. R.D.C., Inc., 334 F. Supp. 1163 (N.D. Ga. 1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Cemeteries, § 17 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 471.

ALR.

- Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406; 47 A.L.R. 70.

Injunction against removal of, or interference with, remains interred in burial lot, 33 A.L.R. 1432.

Cemetery property and cemetery lots as subject to assessment for public improvement, in absence of express exemption, 71 A.L.R. 322.

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