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

CourtNew York Court of Appeals

DecidedJuly 20, 1943

StatusPublished

Cited by4 cases

This text of 50 N.E.2d 551 (French v. Kensico Cemetery) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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