TRUST FUND FOR CARE OF CEMETERIES

Act 95 of 1909

AN ACT to authorize township boards of trustees to receive and hold property, real or personal, left to the board in trust for the upkeep of a cemetery or lots in a cemetery, and permitting the board to expend the funds in accordance with the trust.


History: 1909, Act 95, Eff. Sept. 1, 1909 ;-- Am. 1980, Act 379, Eff. Mar. 31, 1981




The People of the State of Michigan enact:


128.71 Township board of trustees; taking, receiving, and holding property in trust; purpose; expenditure of funds.

Sec. 1.

     The board of trustees of a township may take, receive, and hold property, real or personal, which may be granted, transferred, bequeathed, or devised to the board in trust, for the purpose of caring for or keeping in good repair a lot or lots, or a portion of a lot or lots, or the whole or a part of a township cemetery, and to expend the funds as specified in the trust.


History: 1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5137 ;-- CL 1929, 2678 ;-- CL 1948, 128.71 ;-- Am. 1980, Act 379, Eff. Mar. 31, 1981





128.72 Trust fund; investment.

Sec. 2.

     All moneys and property which may be received by said board by way of gift, grant, devise or bequest, for cemetery purposes, shall be under the control of said board, and shall be held in trust by said board, subject to the terms and conditions on which the same were given, granted, devised or bequeathed, and the same shall constitute a trust fund. If left in money it shall, unless otherwise expressed by those making such gift, grant or bequest, be invested as a permanent fund in good, safe, interest bearing securities, the interest therefrom to be used as designated in said trust, under the supervision or direction of the said board; and no part of such income shall be used or appropriated for other than the purposes expressed in said trust, except the paying of the clerk of said board for his services in carrying out the provisions of said trust, which amount shall be determined by the board.


History: 1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5138 ;-- CL 1929, 2679 ;-- CL 1948, 128.72





128.73 Trust fund; not transferable.

Sec. 3.

     Neither the whole nor any part of the principal or income derived from said trust fund shall be either temporarily or permanently transferred to the general cemetery or other fund, or used for general cemetery purposes, or diverted in any way contrary to the provisions of the trust under which the same was received.


History: 1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5139 ;-- CL 1929, 2680 ;-- CL 1948, 128.73





128.74 Treasurer and custodian; bond.

Sec. 4.

     The clerk of said board shall be the treasurer of said board and custodian of such trust fund, and said board shall take into consideration this duty of the clerk in fixing the amount of his official bond, which in all cases shall be adequate to cover the moneys or property under his control for the purposes of this act.


History: 1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5140 ;-- CL 1929, 2681 ;-- CL 1948, 128.74




Rendered 8/15/2025 2:32 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov