Court of Appeal of California
109 Cal. Rptr. 2d 674 (Cal. App. 2001)
Earl Guidotti died and his will created a testamentary trust. The trust gave his wife, Darlene, net income payments for life unless and until she remarried. Darlene (plaintiff) brought suit, seeking to invalidate the remarriage condition in the trust. At trial, Earl’s lawyer testified that Earl was extremely jealous and that his intent in the remarriage clause was to prevent Darlene from remarrying. The probate court found that the clause was valid. The probate court found that the clause was not a restraint on marriage, but rather a means of providing for Darlene until she remarried at which time her new husband could provide for her. Darlene appealed.
Rule of Law
Holding and Reasoning (Gilbert, J.)
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