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- Title
PUBLIC POLICY AND ANTISOCIAL TESTATORS.
- Authors
Scalise Jr., Ronald J.
- Abstract
This Article challenges the conventional wisdom that "deadhand" control by testators in certain situations is violative of public policy and should not be enforced. Specifically, it argues that many legacies conditioned on a beneficiary acting a certain way or doing a certain thing, such as not marrying or remarrying, should be enforced. This Article argues that the modern approach of disallowing conditions or restrictions on marital freedom in legacies is a product of a bygone era and that the reasons employed for invalidating such conditions are no longer sufficient justifications in the modern day for the current approach of courts. This conclusion is reached only after an examination of Roman, English, French, German, and especially American primary and secondary sources.
- Subjects
GOVERNMENT policy; POLITICAL planning; TESTAMENTARY trusts; INHERITANCE &; succession; FREEDOM of testation; BENEFICIARIES
- Publication
Cardozo Law Review, 2011, Vol 32, Issue 4, p1315
- ISSN
0270-5192
- Publication type
Article