Condition in Restraint of Marriage Not Valid

Cutting off a trust interestupon remarriage is an invalid condition.  The testator’s will placed herresidence in a trust and provided that her husband could continue to live there“as if he had been devised a life estate” or until he remarries or cohabitswith a woman not a blood relative.  The husband remarried and the trusteepetitioned the court for an order ending the husband’s interest.  Locallaw voids conditions in restraint of marriage attached to a devise.  Thecourt in In re Estate ofRobertson, 859 N.E.2d 772 (Ind. Ct. App. 2007) , held that the statuteapplied to interests in testamentary trusts, that the language created aninvalid condition rather than a valid limitation, and that husband had a lifeinterest in the house subject to the terms of the trust.