NO-MARRIAGE PROVISO
NULL AND VOID AS CONDITION OF LEGACY ILLEGAL BY COMMON LAW Press Association DUNEDIN, Today. Mr. Justice Kennedy gave judgment this morning, interpreting the will of the late Thomas John Pearce, who left his property to his sister Rebecca with a proviso that should she marry her interest in the estate should pass to her brother. Later the sister contemplated marriage, and sought the court's direction whether the proviso was null and void. His Honour’s judgment declared the proviso void. He stated it had long been clear that the condition of a general restraint from marriage annexed to a gift of personal estate was prima facie void. Authorities either expressly stated or implicitly assumed that such a restraining condition was illegal by the rules of common law.
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Bibliographic details
Sun (Auckland), Volume III, Issue 834, 30 November 1929, Page 1
Word Count
129NO-MARRIAGE PROVISO Sun (Auckland), Volume III, Issue 834, 30 November 1929, Page 1
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