An Important Will Case

Feilding Star, Volume IX, Issue 146, 10 July 1888, Page 3

An Important Will Case

In the Chancery division the other day was decided the case of Berens v. Berens. The late Mr Henry Berens, of Edgbaston, Jewish merchant, by his will settled large fortunes upon his daughters, and by a codicil stated his wish was that his daughters should forfeit their fortunes if they should marry out of the Jewish faith. It was stated that one of the young ladies was engaged to a gentleman of high professional position, who was not a Jew, and the question therefore arose whether the testator's restriction could be set aside as an illegal restraint on marriage. Mr Justice Chitty said partial prohibitions were contained by way of conditions, which were what were called conditions subsequent — that is to say, conditions which followed the gifts made; and there were no gifts over in the event of the condition being broken, then the law was that such prohibitions were empty and nugatory, and in terrorem only. The present case fell within the rule of law, and the declaration of forfeiture was inoperative.