35-20-306. All powers vest in survivors until vacancy filled -- succession to powers. (1) In case of the death, resignation, disability, or removal of any one or more of the trustees of such fund, all the rights, titles, powers, authorities, franchises, and trusts whatsoever existing in such trustee at the time of such death, resignation, disability, or removal shall at once without further act or conveyance vest in the survivor or survivors until the vacancy or vacancies so occasioned shall be filled, when the same shall in the same manner vest in the board as so reconstituted.
(2) All newly appointed trustees shall at once upon qualification succeed to an equal share in all the rights, titles, powers, authorities, franchises, and trusts belonging to such board, and the same shall always be vested in the members of such board as actually constituted.
History: En. Sec. 25, Ch. 18, L. 1905; re-en. Sec. 4261, Rev. C. 1907; re-en. Sec. 6493, R.C.M. 1921; re-en. Sec. 6493, R.C.M. 1935; R.C.M. 1947, 9-125.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 20. Cemetery Associations
Part 3. Permanent Care and Improvement Fund Trustees of Fund
35-20-302. Trustees of fund -- appointment by district court -- qualifications -- powers
35-20-303. Trustees of fund -- term
35-20-304. Trustees of fund -- bond required -- renewal of bond -- deposit with county treasurer
35-20-305. Vacancies -- how filled
35-20-306. All powers vest in survivors until vacancy filled -- succession to powers
35-20-308. Recording appointments of trustees
35-20-310. Transfer of moneys received by association to trustees of fund
35-20-311. Principal of fund to be reserved -- income to be turned over to treasurer
35-20-312. Use of income of fund
35-20-314. Compensation of trustees of fund
35-20-315. Annual report of trustees of fund
35-20-316. Permanent care and improvement fund -- management of fund