Opinion · New York Court of Appeals

French v. Kensico Cemetery

291 N.Y. 77

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1943-07-20
Topic
general

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.

Citator

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Cited by
4 opinions
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.