Axelrad v. Axelrad

This is an action for a declaratory judgment. The plaintiff and the defendant are sons of Abraham Axelrad, who on the 21st day of June, 1935, transferred to them a certain cemetery plot in Mt. Hebron Cemetery by deed containing the provision: “ Subject, however, to this specific restriction:— That the said plot shall and may be used by my sons above named Max Axelrad and Solomon A. Axelrad, for the sole and exclusive use of themselves and their immediate families and for no other person or persons whomsoever, except my wife, Celia Axelrad.”

There are six available graves in the plot. Max…