Summary
The court held that a suit challenging a testamentary condition placing a married daughter's remainder in trust is an action for will construction, not a will contest, and thus not subject to the six-month probate statute of limitations. The condition—which diverted the devise to a trust if the daughter was married at the life tenant's death—was not void as against public policy because it did not encourage divorce or separation; the testator's dominant motive was to protect the daughter from her husband's misappropriation, and the trust only terminated upon her becoming a widow, giving her no incentive to divorce.
Topics
Practice areas
Questions Presented
- Whether the action to construe the will was barred by the six-month statute of limitations for will contests under section 8-1 of the Probate Act.
- Whether the condition in the will that placed Hall's inheritance in a trust if she was married at the time of her mother's death is void as against public policy because it encourages divorce or restrains marriage.
Holdings
- The action was for construction of the devise, not a will contest, and therefore not subject to the six-month limitation period.
- The condition is not void as against public policy. The testator's dominant motive was to protect Hall from misappropriation by her husband, and the condition did not have a tendency to encourage divorce because Hall had nothing to gain by divorce (she would only receive principal if she became a widow).
Key quotations
“I give to my spouse a life estate in all of the real estate which I may own at the time of my death with remainder to my two children, Linn William Eaton, Jr., and Cynthia Ann Hall, in equal shares, except that if Cynthia Ann Hall shall at the time of the death of my spouse be a married person, I give the share of the real estate which would have passed to her to Mercantile Trust and Savings Bank, Quincy, Illinois, as trustee as hereinafter provided.” (at 806)
“The trust shall terminate upon my daughter becoming a widow. Whereupon, the trustee shall distribute the principal and accrued or undistributed net income of the trust to my daughter. In the event that my daughter's spouse shall outlive my daughter, the trust shall terminate upon the death of my daughter. Whereupon, the trustee shall distribute the principal and accrued or undistributed net income of the trust to my son, Linn William Eaton, Jr., or to his descendants, if any, if he be deceased, except as provided in Section 11.” (at 806)
“the condition in the will had no 'tendency * * * to encourage divorce or bring about a separation of husband and wife.'” (at 809)
Factual background
Linn W. Eaton died in 1983 owning an undivided one-half interest in three tracts of land. His will devised a life estate to his wife Mildred, with remainder to his children Hall and Eaton, Jr. in equal shares. The will contained a condition that if Hall was married at the time of Mildred's death, Hall's share would go into a trust that would pay income to Hall during her life and terminate only if she became a widow, at which point she would receive principal. Hall was married at the time of the will, her father's death, and Mildred's death. She brought suit arguing the condition was void as against public policy.
Procedural history
Plaintiff Cynthia Ann Hall filed suit asking the trial court to declare null and void a condition imposed by her father's will upon his devise to her. The trial court dismissed the suit on motion of defendant, holding it had no jurisdiction because the cause was not filed within six months after admission of the will to probate. Hall appealed.