| Miss. | Nov 15, 1850
delivered the opinion of the court.
Dunkley and wife petitioned the probate court for a distributive share of the estate of James G. Pringle, and obtained a decree in their favor, from which this appeal was prayed. The question to be determined, depends on the last will and testament of James G. Pringle. The testator divided his estate, consisting of personal property, equally between his wife Elizabeth, and his three children, to be held equally “ so long as the said Elizabeth shall continue my widow, but upon the event of her marrying, then her interest to go to my heirs above named, in equal portions.” The widow remained in possession of the estate for several years, without having renounced the provision in the will in her favor. She afterwards married Dunkley, and then applied for her distributive share.
It is contended that this was a bequest in restraint of marriage, or in terrorem, and is therefore upon a void condition, and on this ground, probably, the court made its. decree in favor of the widow. The doctrine invoked does not apply in this case, for even if this were a bequest on condition, the bequest over, after the marriage, would take the case out of the rule, that a con-
Judgment reversed, and cause remanded.