Estate of Guidotti
Court of Appeal of California
109 Cal. Rptr. 2d 674 (Cal. App. 2001)
Relevant factsFree
Earl's testamentary trust gave his wife Darlene (plaintiff) net income for life unless and until she remarried, and although the probate court characterized the condition as merely providing for her until a new husband could support her, Earl's own lawyer testified at trial that Earl was extremely jealous and specifically intended the clause to prevent Darlene from ever remarrying.
IssueFree
Whether the testator's intent is the paramount rule in determining whether a trust condition imposing restraints upon marriage is void.