The testator left seven rental properties to his daughter, provided she pay $1,300 monthly from the rent to his widow.
The motions judge found this provision to be a void condition subsequent and an unlawful restraint on alienation, granting the properties to the daughter absolutely.
The Court of Appeal allowed the appeal, holding that the provision was an internal limit on the gift that reflected the testator's clear intention to benefit both his daughter and his widow.
The daughter is entitled to the properties subject to the requirement to make the monthly payments during the widow's lifetime.
