Estate of Guidotti

California Court of Appeal · 1979 · Property

109 Cal. Rptr. 2d 674 (2001)

Updated July 23, 2026

PropertyWillsTrustsRestraints on MarriageCivil Code section 710restraint on marriagetestamentary trustvoid condition

Facts

Earl Guidotti's will created a testamentary trust giving his wife Darlene lifetime net income and a right to live in the family residence, with the remainder to charitable organizations she could appoint. The trust provided that all income payments, and any power to invade principal for her support, would cease if Darlene remarried or lived with a man as though married. Darlene petitioned to reform the will, arguing that the remarriage-or-cohabitation clause was void as a restraint on marriage and interfered with intended tax treatment. The drafting attorney declared that Earl was extremely jealous and specifically wanted Darlene severely penalized to prevent her remarriage or living with another man as if married.

Issue

Whether a testamentary trust provision terminating a widow's income interest if she remarries or lives with a man as though married is void under Civil Code section 710 as a restraint on marriage, or instead valid as a limitation giving use only until marriage.

Rule

Under Civil Code section 710, conditions imposing restraints upon marriage are void, except for limitations where the intent was not to forbid marriage but only to give the use until marriage. In determining which category applies, courts look to the wording of the instrument and the circumstances surrounding its execution to ascertain the testator's expressed intent.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Sacramento, Nolan Pierce's will creates a trust paying all net income to his surviving spouse, Maya Pierce, for life. The will states that payments end if Maya remarries, and the drafting lawyer submits an uncontested declaration that Nolan repeatedly said he wanted to make remarriage financially impossible for Maya because he could not stand the thought of her having another husband.

If Maya asks the probate court to declare the remarriage clause void, how should the court rule?

Explanation. Under Civil Code section 710, conditions restraining marriage are void, except where the intent was not to forbid marriage but only to give use until marriage. The court looks to the wording of the instrument and the circumstances surrounding execution to determine intent. Here, the uncontested declaration shows a purpose to deter remarriage, so the condition is void.