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Morse v. Blood

Supreme Court of Minnesota

71 N.W. 682 (1897)

Relevant factsFree

Henry Blood, Jr.'s will left his entire estate, including several land parcels, to his wife Margaret (plaintiff), but forbade her from giving or bequeathing 'one cent' of the estate to any relative of hers or of Henry's; Henry's heirs (defendants) asserted a competing right to the estate premised on Margaret's eventual breach of that condition. Margaret brought an action to resolve the parties' claims, the defendants answered asserting their contingent right upon her breach, and the lower court sustained an objection to that answer.

IssueFree

Whether a condition in a will that prevents the beneficiary from leaving property to any relative of the beneficiary or the testator is an impermissible restraint on alienation.

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