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DREWEN v. BANK OF MANHATTAN CO. OF N.Y.

55 N.J. Super. 331 (1959)

150 A.2d 779

JOHN DREWEN, ADMINISTRATOR CUM TESTAMENTO ANNEXO OF THE ESTATE OF DORIS RYER NIXON, DECEASED, PLAINTIFF-APPELLANT, v. BANK OF THE MANHATTAN COMPANY OF THE CITY OF NEW YORK, EXECUTOR AND TRUSTEE OF THE LAST WILL AND TESTAMENT OF STANHOPE WOOD NIXON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1959.

Attorney(s) appearing for the Case

Mr. John R. Kelly argued the cause for appellant.

Mr. Douglas M. Hicks argued the cause for respondent (Messrs. Hicks, Kuhlthau, Molineux & Nagle, attorneys).

Mr. Joseph M. Kraft on the brief.

Before Judges PRICE, SULLIVAN and FOLEY.

The opinion of the court was delivered by SULLIVAN, J.A.D.

The complaint filed herein seeks the enforcement of a written contract made for the benefit of a third-party donee beneficiary. On defendant's motion, the trial court dismissed the suit on the ground that plaintiff had no legal standing to maintain the action.

Plaintiff is the administrator with the will annexed of the estate of Doris Ryer Nixon, deceased. She died in January 1948, a resident of the...

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