Anderson v. Edwards

This is the determinative question: The testator having in Item One of his will devised and bequeathed his real and personal property to his wife and children “subject to and in accordance with the stipulations and conditions as set out in the further items of this my last will and testament,” is the provision of Item Three postponing partition for ten years void as a restraint on alienation, and against public policy ? Manifestly the trial court was of opinion that it is. However, this Court is constrained to hold that the provision is valid.

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