New York Court of Appeals, 1943

French v. Kensico Cemetery

New York Court of Appeals · Decided July 20, 1943 · <italic>Per Curiam.</italic>

50 N.E.2d 551; 291 N.Y. 77; 1943 N.Y. LEXIS 1067 (North Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Steinbeck v. Steinbeck Heritage Foundation (2d Cir. 2010)
Frankel v. J.P. Morgan Chase & Co. (Appellate Division of the Supreme Court of New York 2010)
In re the Estate of Hagreen (New York Surrogate's Court 1978)
Jewish Center of Mount Vernon, Inc. v. Mount Eden Cemetery Ass'n (New York Supreme Court 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.