CONDITIONS AND LIMITATIONS IN RESTRAINT OF MARRIAGE
Browder Jr., Olin
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- 1994Hall v. Eaton Ill. App. Ct.
- 1944In re the Will of Lambert N.Y. Sur. Ct.
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Abstract
From ancient times it has been a practice of testators to provide for the termination of a devised estate upon the marriage of the devisee, or to make their gifts conditional upon a beneficiary's marrying in a prescribed manner. In this way, a parent may hope to extend beyond his death his influence over recalcitrant or irresponsible offspring. But restraints on marriage may have other purposes. More often than not, a testator, by limiting an estate until marriage or by providing for forfeiture upon marriage, may merely seek to assure the maintenance of a female beneficiary until a husband assumes that responsibility.