157 A. 488 | Pa. | 1931
Testator bequeathed to trustees for his son, Joseph E. Rininger, a share in his estate, with directions to invest the same and to pay the income arising therefrom to him for life, with remainder to his issue, upon failure of issue to the other children of testator. The will provided further, "In the event that my said son, Joseph E. Rininger, shall become unmarried, either through the death of his wife, Ada Rininger, or by process of law, I direct that my executors pay to him, absolutely and unconditionally, the entire funds held by them in trust." *205
It is the contention of Joseph E. Rininger that this condition interferes with domestic tranquillity by tending to induce divorce between him and his wife and that it is, therefore, illegal and void as against public policy. The court below decided otherwise and he appeals. He invokes the principle that a condition which is calculated to make it to one's interest to procure a divorce or separation of husband and wife is void, citing Tiffany, Real Property, 1912 edition, section 70, page 169. This principle, so far as it relates to contracts, is recognized in Mathiot's Est.,
The decree of the orphans' court is affirmed at appellant's cost.