French v. Kensico Cemetery

Plaintiff had a mausoleum and plot in a cemetery operated by the defendant. Under date of June 24, 1931, the defendant wrote the plaintiff inclosing a form “ for perpetual care of your plot,” which was to be signed by the defendant on receipt of $5,000. The money was received and the defendant sent the plaintiff a written acknowledgment of such receipt and thereby agreed “ to invest on bond, mortgage or other interest bearing securities as the directors of the said corporation shall in their discretion deem to be best for that purpose and to apply the income arising therefrom to the cleaning,…