In re the Estate of Brush

Wingate, S.

The verity of the ancient adage respecting the untoward results of canine malignment was never better illustrated than in the law relating to the subject of testamentary stipulations which conditions benefits upon an abstention by the legatee from contest of the will of the donor. A large proportion- of the judicial utterances adjudicating the effect of such conditions refer to them as “ in terrorem ” provisos, but such an appellation adds nothing illuminating to a consideration of the subject, and, as the Court of Appeals has aptly observed, is “ merely, a convenient phrase…