Lilacs at the cemetery
Ellertson Mortenson Cemetery
The Families of Eilert Carlson and Ronnog Olsdatter

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While in Minnesota for the restoration project, Wendy Zander placed a copy of her family tree and genealogy at the Pope County Museum. A cousin, Denise Johnson, found it and contact was made. Using Google, we were able to track down many more, and we have connected with over 200 families who are descendants of Eilert and Ronnog. In 2003, we contacted an attorney to discern the best way to insure that the cemetery could never be destroyed. This resulted in the formation of the Ellertson/Mortenson Cemetery Association. Articles of Association and By-Laws were filed with Pope County, and title to the property was received afte4r an updated survey was done.

BY-LAWS OF THE ELLERTSON/MORTENSON CEMETERY ASSOCIATION

First. Membership in the Ellertson/Mortenson Cemetery Association shall be any descendant of Eilert Carlson, who is buried in this cemetery.

Second. The Board of Directors shall be by volunteer and must be a descendant of Eilert Carlson.

Third. No more that two (2) descendants of one of Eilert Carlson's children may serve on the Board at the same time. Eilert Carlson's children are Anne Ellertson Mortenson, Lars Ellertson, Carl Ellertson, Edward Ellertson, Regina Ellertson Johnson, Dorthea Ellertson Satter, and Marthe Ellertson Lind.

Fourth. The date of the regular meeting shall be determined by the Board of Directors.

Fifth. Burial in the Cemetery shall be provided without charge to any descendant of Eilert Carlson, and their spouses.

Sixth. All casketed burials shall have an outer burial container in compliance with local regulations.

Seventh. All cremated remains shall have an urn made of some type of non-biodegradable material, such as bronze, steel, marble, etc.

Eighth. The Board of Directors shall be notified of burials, and all burials shall be properly marked.

 

ARTICLES OF INCORPORATION

OF ELLERTSON/MORTENSON CEMETERY ASSOCIATION

 The undersigned incorporators, natural persons 18 years of age or older, in order to form a

 corporate entity under Minnesota Statutes, Chapter 307 and 317A, adopt the following

 articles of incorporation.

 ARTICLE I

 NAME/REGISTERED OFFICE

 

The name of the Corporation shall be ELLERTSON/MORTENSON CEMETERY

 ASSOCIATION INC. The Corporation’s registered office is located at

560 40th Ave., SE, Benson, MN 56215

 ARTICLE II

 PURPOSE

 This Corporation is a private nonprofit Cemetery Association. To this end, the corporation shall maintain a fund or funds of real or personal property, or both, and subject to the restrictions and limitations hereinafter set forth, to use and apply the whole or any part of the income therefrom and the principal thereof exclusively for the preservation and maintenance of the ELLERTSON/MORTENSON Cemetery located in Langhei Township, Pope County, Minnesota.

ARTICLE III

 LIMITATIONS AND REQUIREMENTS

The corporation may not pay dividends or other corporate income to its members, directors, or officers or otherwise accrue distributable profits, or permit the realization of private gain. The Corporation may not take any action prohibited by Minnesota Statutes, Chapter 317A, governing nonprofit corporations, nor shall take any action prohibited by Minnesota Statutes 307 governing private cemeteries. The Corporation may not engage in any activities, except to an insubstantial degree,  that do not further its purposes as set forth in these Articles.

On dissolution, the Corporations assets will be distributed to the state government for public purpose, or to an organization exempt from taxes under the Internal Revenue Code Section 501(c)(3) to be used to accomplish the general purposes for which the Corporation was organized, and subject further to any limitations contained in Minnesota Statute 307.

ARTICLE IV

MEMBERS

 

The Corporation will have one class of members as provided in the bylaws.

ARTICLE V

BOARD OF DIRECTORS

The corporation shall have no voting members. The management and affairs of the Corporation shall be at all times under the direction of a Board of Directors, whose operation in governing the Corporation shall be defined by statute and by the Corporation’s by-laws. No Director shall have any right, title, or interest in or to any property of the corporation.

The Corporations first board of directors is three (3), and the names and addresses of the persons who are to serve as the initial directors are:

1. Denise Johnson

P O Box B, Zimmerman, MN 55398

 

2. Paul Mortenson

560 40th Ave. S E, Benson, MN 56215

 

3. Wendy Zander

1321 S Ross St., Santa Ana CA 92707

 

ARTICLE VI

DEBT OBLIGATIONS AND PERSONAL LIABILITY

No member, officer or Director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officers or Directors be subject to the payment of the debts or obligations of this Corporation.

ARTICLEVII

INCORPORATOR

The incorporators of this Corporation are:

Wendy Zander, 1321 S. Ross Street, Santa Ana, CA 92707

Denise Johnson, Zimmerman, MN 55398

Paul Mortenson, 560 40th Ave., SE, Benson, MN 56215

The undersigned incorporators certifies both that they execute these Articles for the purposes herein stated, and that by such execution, they affirm the understanding that should any of the information in these Articles be intentionally or knowingly misstated, they are subject to the criminal penalties for perjury set forth in Minnesota Statues 609.48 as if this document had been executed under oath.