WILL OF HELLER v. Heller

One issue is raised on this appeal:

Is a testamentary gift, conditioned on the legatee being married to and living with the legatee’s named husband on the date of the death of the testatrix, void as against public policy?

Both Article III and Article Y are clear and definite; they contain no ambiguity that requires interpretation.

The testatrix’s intent is clear; she is merely making three conditional legacies, one to her daughter Katie Mau if she is married to and living with Willard Mau at the time of the testatrix’s death, one to Willard Mau, and another to Katie Mau’s minor daughter, Linda,…