French v. Kensico Cemetery

New York Court of Appeals

French v. Kensico Cemetery

50 N.E.2d 551, 291 N.Y. 77, 1943 N.Y. LEXIS 1067

New York Court of Appeals·Decided July 20, 1943·Published·Cited by 4 cases

Opinion

Per Curiam.

The intention of the parties is clear that the defendant should accept the fund and invest it in interest-bearing securities and apply the income for the perpetual care of a burial plot. No purpose is served by attempted classification of the relationship created by the agreement of the parties. An agreement or a trust for such purpose is valid and enforcible under our statutes. (Personal Property Law, § 13-a; Membership Corporation Law, § 76; Surrogate’s Court Act, § 314.)

The judgment should be affirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Conway, Desmond and Thacher, JJ., concur; Lewis, J., taking no part.

Judgment affirmed.

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Per Curiam.

The intention of the parties is clear that the defendant should accept the fund and invest it in interest-bearing securities and apply the income for the perpetual care of a burial plot. No purpose is served by attempted classification of the relationship created by the agreement of the parties. An agreement or a trust for such purpose is valid and enforcible under our statutes. (Personal Property Law, § 13-a; Membership Corporation Law, § 76; Surrogate’s Court Act, § 314.)

The judgment should be affirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Conway, Desmond and Thacher, JJ., concur; Lewis, J., taking no part.

Judgment affirmed.

French v. Kensico Cemetery, 50 N.E.2d 551, 291 N.Y. 77, 1943 N.Y. LEXIS 1067 (N.Y. 1943).

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Opinion

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