Citation Codes Equivalent Citations citation codes Attorney(S) Sidney L. Garwin Joel Mencher for Henry R. Barrett, Jr., for See more information ... Smart Summary Please sign up to generate summary. ELIZABETH A. FRENCH, Appellant, v. KENSICO CEMETERY, Respondent. 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.