Drewen v. Bank Of Manhattan Co.

31 N.J. 110, 155 A.2d 529 (1959)

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Nature of the Case

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Facts

Mr. and Mrs. Nixon executed reciprocal wills under a divorce settlement, never to reduce their children's interest in their estates. By the will that was agreed to in contemplation of divorce, which was granted some months later, Mr. Nixon gave each child 30% of his estate in fee. If one child were to predecease the testator without leaving issue, the surviving child would take the other’s share. In 1948, Mrs. Nixon died testate in California. In 1951, Mr. Nixon subsequently changed his will; he left a life estate to the children and this revoked his previous 1945 will. The will left life estates to the children, with life estates over to surviving issue and finally, remainders to charity. The will also contained an in terrorem clause which would void the bequests made to anyone who should directly or indirectly basically sue over the provisions. The daughter Blanche died in 1955 without issue, and the son Lewis survived. Mr. Nixon died in 1958 and Drewen (P), Mrs. Nixon's administrator, sued to have the contract enforced against Bank of Manhattan (D), Mr. Nixon's executor. P sought a ruling that the 1945 agreement was binding on the estate of Mr. Nixon. Thus, P was seeking specific performance of the 1945 will and agreement. The lower court dismissed the action; P had no standing to sue because Mrs. Nixon's estate would not benefit. The Appellate Division affirmed. P appealed.