Rothenberg v. Wolfman

In an action brought by the children of Jacob Rothenberg to enforce a trust on certain assets given by him to their stepmother, now deceased, under an agreement allegedly made at the time of such gifts, defendants move to require his joinder as an additional party plaintiff on the ground that he is an indispensable or conditionally necessary party.

Such an agreement, it is clear, is enforcible either by the donee beneficiaries or, in an action for specific performance, by the promisee himself (Croker v. New York Trust Co., 245 N. Y. 17; Restatement, Contracts, § 138), In Croker the promisee…