12-510. Perpetual special care trusts; power to act as trustee; investment of funds; disbursement of income.
Such association shall be authorized to receive as trustee, money and other personal property, and real estate and interests therein, transferred or conveyed to it in trust for the purpose of providing for the care, embellishment or decoration of burial lots, graves, tombs, vaults, crypts, niches, tombstones, and other monuments and decorations. It shall have power to administer such trust and to invest and perpetuate such trust funds, under such terms and conditions as may be prescribed by the bylaws of such association, and shall have power to enter into contracts with the owners of such graves, vaults, burial lots, crypts, niches, or other places for the disposal of the dead, for the perpetual care thereof. Said trusts shall be known as perpetual special care trusts, and shall be invested and from time to time reinvested and kept invested in securities authorized by the laws of Nebraska for the investment of trust funds. The income earned thereon shall be used solely for the purposes of perpetual special care as set forth in the respective trust agreements made between the association and said donors. A separate individual account shall be kept by the association of each of the perpetual special care trusts so that the condition of each may be determined on the books of the association at any time; but said perpetual special care trust funds may be commingled for investment, in which event the income therefrom shall be divided between the various perpetual special care trusts in the proportion that each trust fund contributes to the principal sum so invested. All such funds shall be held in the name of the cemetery association as trustee, except as hereinafter provided.
Source
Annotations
This section deals with the subject of specific gifts for special purposes. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).
Cemetery association had authority to receive property as trustee. Tetschner v. Cram, 157 Neb. 734, 61 N.W.2d 378 (1953).
Structure Nebraska Revised Statutes
12-101.01 - Trustee; potential conflict of interest; actions required.
12-102 - Portion under joint control of trustees and Department of Health and Human Services.
12-103 - Rules and regulations; revenue; investment; treasurer; bond.
12-104 - Soldiers burial grounds; selection; acquisition; use.
12-105 - Soldiers burial grounds; joint control.
12-201 - Condemnation; conditions; procedure.
12-301 - Endowments authorized.
12-302 - Endowments; exemption from taxation and certain claims.
12-401 - Cemetery board; members; appointment; terms; vacancies.
12-402 - Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.
12-403 - Cemetery board; officers; employees.
12-501 - Formation; trustees; election; notice; clerk; right to establish cemetery limited.
12-503 - Trustees; perpetual succession; general powers; service of process.
12-505 - Lots; resale or reclamation; conditions; notice; requirements.
12-507 - Debts; power to contract; limitations.
12-508 - Lots; receptacles; sale; power to regulate.
12-512.01 - Perpetual care trust fund; trustees; duties.
12-512.02 - Perpetual care trust fund; proceeds; investment.
12-512.03 - Perpetual care trust fund; trustees; qualifications; appointment; bond.
12-512.04 - Perpetual care trust fund; audit; exception; filing; expense.
12-512.05 - Perpetual care and maintenance guarantee fund; establish; amount required.
12-512.06 - Perpetual care trust fund; withdrawal; when authorized; amount.
12-512.07 - Perpetual care trust fund; violations; penalty.
12-512.08 - Perpetual care trust fund; violations; separate offenses; what constitutes.
12-515 - Real estate; acquisition by condemnation; lands subject.
12-516 - Trustees; bond; terms; approval; filing; fee; cost paid by association.
12-517 - Lots; use; exemption from taxation and other claims.
12-518 - Lots; plat; care, improvement, adornment; annual exhibit; powers and duties of association.
12-520 - Grounds; sale on execution; taxation; partition; exemption.
12-521 - Grounds; abandonment; sale; disposition; procedure; petition; contents; requirements.
12-522 - Grounds; abandonment; sale; notice of petition; contents; form.
12-523 - Grounds; abandonment; sale; objections; reply.
12-524 - Grounds; abandonment; sale; time for hearing.
12-525 - Grounds; abandonment; sale; hearing; finding; decree.
12-526 - Grounds; abandonment; sale; confirmation of sale.
12-527 - Grounds; abandonment; sale; costs and expenses.
12-528 - Grounds; abandonment; sale; appeal.
12-529 - Grounds; abandonment; sale; scope and application of law.
12-530 - Transfer of cemetery to city or village; powers and duties; effect.
12-601 - Formation; trustees; election; notice; terms; officers.
12-603 - Powers; rights; laws governing.
12-605 - Lots, receptacles; sale; limitation; exempt from taxation and other claims.
12-606 - Construction; location.
12-613 - Trust fund for perpetual care.
12-614 - Sale of crypts or niches; amount set aside for maintenance.
12-615 - Trustees of perpetual care trust fund; appointment; bond.
12-616 - Trustees of perpetual care trust fund; authority to receive gifts; investment of funds.
12-618 - Violations; cumulative offenses.
12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.
12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.
12-802 - Notice; contents; how served.
12-804 - Sections, how construed.
12-805 - Abandoned or neglected cemeteries; care and maintenance.
12-806 - Abandoned or neglected cemeteries; care; item in county budget.
12-807 - Abandoned or neglected pioneer cemeteries; preservation.
12-808 - Abandoned or neglected pioneer cemetery, defined.
12-808.01 - Abandoned and neglected pioneer cemeteries; access; when.
12-809 - Abandoned and neglected pioneer cemeteries; maintenance.
12-810 - Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.
12-812 - Abandoned or neglected pioneer cemetery; county transfer management; conditions.
12-909 - Organization; territory.
12-910 - Petition; filing; contents.
12-911 - County board; examine petition; hearing; notice.
12-912 - Completion of organization; meeting; notice.
12-913 - Board of trustees; officers; election; terms; compensation.
12-914 - Budget; adoption; certification of tax; levy; collection; use.
12-916 - Warrants; amount authorized; rate of interest.
12-917 - Area; addition; withdrawal; procedure.
12-918 - Area withdrawn; outstanding obligations; assessment.
12-919 - Area withdrawn; obligations incurred after withdrawal; not subject to assessment.
12-920 - Powers; duties; liabilities.
12-921 - Organization under unconstitutional law; reorganization; procedure.
12-922 - Dissolution; procedure.
12-923 - Property; acquisition; tax; excess funds.
12-1001 - Power to borrow money; issuance of bonds.
12-1002 - Bonds; term; interest rate; notice of election.
12-1003 - Bond election; petition; percentage of voters required.
12-1004 - Extension of water supply to cemetery.
12-1103 - Pre-need sale; proceeds; trust requirements.
12-1104 - Proceeds of sale; trust requirements; exclusions.
12-1105 - Pre-need seller; records required.
12-1106 - Pre-need purchaser; designate irrevocable funds.
12-1107 - Trustees; acceptance of funds; conditions; powers.
12-1108 - Pre-need seller; license required; application; requirements; fee; renewal; records.
12-1109 - Rules and regulations.
12-1110 - Pre-need seller; report; requirements; fee.
12-1111 - Contracts; requirements; provisions.
12-1112 - Act; when applicable.
12-1113 - Trust funds; distributions; conditions; accumulation.
12-1114 - Pre-need seller; trust funds; retain cost-of-living amount.
12-1115 - Pre-need sales agent; license required; fee; failure to surrender license; penalty.
12-1116 - Licenses; disciplinary actions; grounds; notice; administrative fine.
12-1117 - Licenses; surrender; effect; reinstatement.
12-1118 - Violations; penalty.
12-1119 - Violations; action to enjoin.
12-1120 - Pre-need seller; failure to perform obligations; director; powers.
12-1202 - Legislative findings and declarations.
12-1205 - Person discovering remains or goods; duties; violation; penalty.
12-1206 - Discovery of remains or goods; law enforcement officer; notice.
12-1207 - Discovery of remains or goods; county attorney; duties.
12-1208 - Discovery of remains or goods; society; duties.
12-1209 - Entity possessing or controlling remains or goods on August 25, 1989; duties.
12-1210 - Entity possessing or controlling remains or goods; request for return; duties.
12-1211 - Dispute; resolution; procedure.
12-1212 - Civil action; statute of limitation; recovery; attorney's fees.
12-1401 - Statewide Cemetery Registry; established and maintained.