Drewen v. Bank of Manhattan Co. of New York

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 Eyer Nixon, deceased. She died in January 1948, a resident of the State of California. Defendant is the executor and trustee of the last will and testament of Stanhope Wood Nixon who died in January 1958,…