The Rector, Church Wardens and Vestrymen of St. Mark’s Church, in the Town of Newcastle, Respondent v. Charles G…

Summary

The New York Court of Appeals held that Thomas Wright’s forbearance of his legal right to contest the probate of his brother’s will was valid consideration for the executor’s promise to pay $500 to St. Mark’s Church, and that privity existed through Wright’s appointment of the church as donee. Accordingly, the court affirmed the judgment against the defendant.