Bleeker v. Bingham
New York Court of Chancery
The bill in this cause alleged that Ephraim Brasher died some years since, and by his will bequeathed the whole of - his estate to his widow, now the wife of J. Bingham, the defendant. That Brasher had no children; but that Grace Berrian, who was his relative, now the wife of L. Bleeker the complainant, resided in his family.
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The bill in this cause alleged that Ephraim Brasher died some years since, and by his will bequeathed the whole of - his estate to his widow, now the wife of J. Bingham, the defendant. That Brasher had no children; but that Grace Berrian, who was his relative, now the wife of L. Bleeker the complainant, resided in his family. That it was the intention of ' Brasher to alter his will, and to give G. Berrian a portion of his estate; but being suddenly overtaken by death, he had not time to alter his will for that purpose. That in his last moments he requested his wife to provide for her. That…
1Opinion of the Court
The Chancellor.
The cases referred to by the counsel for the defendants, on the argument, establish the principle, that upon a deed inter partes, a stranger cannot at law avail himself of a stipulation in his favor. Neither can the release of such stranger be pleaded in bar to an action of debt or covenant brought by the party with whom the agreement was made. (Scudamore v. Vandenstene, 2 Coke’s Inst. 673. Gilby v. Copley, 3 Lev. 138. Storer v. Gordon, 3 Maule & Sel. 308. Barford v. Stuckey, 5 Moore's Rep. 23.) It will be found upon examination, however, that this is a mere technical rule. And…
2Cases cited1 opinion
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
3Cited by15 opinions
- Barrow v. RichardNew York Court of Chancery · 1840
- Coryell v. KlehmIllinois Supreme Court · 1895
- Clark v. MartinSupreme Court of Pennsylvania · 1862
- Brouwer v. JonesNew York Supreme Court · 1856
- Cohen v. SegalIllinois Supreme Court · 1911
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