Naimo v. La Fianza

369 A.2d 987 (1976)

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Nature of the Case

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Facts

P while seeking employment in this country, met Bruno in 1949. He was the owner of the business enterprise where P became employed. Bruno began dating P. Bruno started buying her presents and showing other acts of kindness and affection. He lamented the fact that he was not able to have children with his wife and he frequently expressed his desire to have a child of his own. He asked P to have his child and she refused. Bruno kept repeating his desire to have a child and finally offered to support any child that might be born of P. As a further inducement, he said he would get a divorce from his present wife and marry P. He also promised to leave money for the child upon his death. The relationship between P and Bruno had grown into a close and amorous one. As a result of his promises on which she relied, P changed her mind and agreed to have a child with Bruno. P became pregnant in 1950 but it miscarried. They continued their adultery afterward. Not until 1963 did P become pregnant again. A child was born to her on February 11, 1964. The child was named Mario Bruno, Jr. P was admitted into the hospital under the name of Mrs. Mario Bruno. During her hospital stay Bruno visited her every day, and upon her discharge brought her home with the baby. All expenses in connection with the pregnancy and delivery of the child were paid by Bruno. After the birth of the child, Bruno paid the sum of $60 a week for support and also paid P's rent. He continued to show his great affection and love for P and his son by visiting the home each day. As the child grew older Bruno gave much of his time and attention to his son and participated as a father in many of his activities. He also purchased clothes for his son when they were needed. He was a very dutiful and interested father and crazy about his son. On various occasions, he sent P and his son on summer vacations. It is abundantly clear that he had a very close and affectionate relationship with Bruno, Jr. There can be no doubt that Bruno was the father of this child. Bruno died suddenly on October 5, 1975. He left a last will and testament. There was no provision made therein for the benefit of P or his son. P claims their agreement should be specifically enforced. A third-party beneficiary is entitled to maintain a suit for specific performance of an agreement between third persons to provide for him by will. Ds maintain that even if there is a contract, it is illegal and unenforceable since it was made in consideration of the commission of a future illicit act of intercourse and adultery.