Drewen v. Bank of Manhattan Co.

As part of their divorce agreement, Stanhope Nixon promised his ex-wife, Doris Nixon, never to reduce their two children's inheritance interests below what his contemporaneous will provided (outright gifts in fee). After Doris died, Stanhope executed a new will cutting the children's gifts down to mere life estates and adding an in terrorem clause that voided any bequest a beneficiary challenged. Their sole surviving child, Lewis, chose not to object to his reduced bequest under the new will (likely to avoid losing it entirely under the in terrorem clause). John Drewen (plaintiff), administrator of Doris's estate, sued the Bank of Manhattan (defendant), executor of Stanhope's estate, to enforce the original divorce agreement and reform the new will accordingly. The chancery court dismissed for lack of standing, reasoning Doris's estate wouldn't benefit from the suit, and the appellate division affirmed.