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Lewis v. Searles

Supreme Court of Missouri

452 S.W.2d 153 (Mo. 1970)

Relevant factsFree

Letitia Lewis's will left property to her niece Hattie (plaintiff) so long as Hattie remained unmarried, providing that if Hattie married, the property would be divided equally among Hattie, another niece, and Letitia's nephew. Hattie sued for a declaration that the marriage restriction was void and that she owned the property outright in fee simple; the nephew's children (defendants) counterclaimed to establish Hattie's interest as merely a life estate. The trial court ruled for the nephew's children, and Hattie appealed.

IssueFree

Whether a will provision leaving property to a testator's niece so long as she remains unmarried is an invalid restraint on marriage.

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