RESTRAINT OF MARRIAGE. Conditions attached to gifts or bequests to a person who has never been married, in general restraint of marriage, are void ; Chit. Const. 619 ; so is an agreement not to marry any one ex cept a particular person ; 4 Burr. 2225. The gift or bequest is good and the condition fails, but if the restraint is partial, with a gift over in case of marrying a Roman Cath olic or a particular person or without the consent of a particular person, the condition is good, and so is a condition in restraint of a second marriage. See 1 Ch. D. 399; 1 Q. B. D. 279 ; 16 Ch. D. 188.
It is said that a condition in restraint of marriage is valid if it is a condition preced ent ; 2 Dick. 712. In 1 Q. B. D. 279, it was held to be the intention of the testator not to restrain marriage but to make provision for the devisee until marriage. See Poll. Contr. 307. A limitation until marriage is good ; Wats. Comp. Eq. 1139, being con
strued as a provision until marriage and not a restraint on marriage. "The distinction be tween a bequest to which a condition is ap pended in restraint of marriage, and the lim itation of an annuity or bequest to continue as long as a woman remains unmarried, has been fully recognized by our decisions." Hotz's Estate, 38 Pa. 422, 80 Am. Dec. 490; Kromer Estate, 22 Pa. Co. Ct. Rep. 327, 330. And see In re Appleby's Estate, 100 Minn. 408, 111 N. W. 305, 10 L. R. A. (N. S.) 591, 117 Am. St. Rep. 709, 10 Ann. Cas. 563.
The rule that a condition in restraint in marriage is void, does not apply „to a second marriage ; Herd v. Catron, 97 Tenn. 662, 37 S. W. 551, 37 L. R. A. 731. As to what is a condition in restraint of marriage, see 10 Harv. L. Rev. 1072; and as to contracts in restraint of marriage, 14 Harv. L. Rev. 614. See MARRIAGE.