Re Keller's Estate

• Jurisdiction: Ireland
• Judgment Date: 01 January 1928
• Date: 01 January 1928
• Court: Supreme Court (Irish Free State)

S. C., I. F. S.,

In re Keller's Estate

Restraint on alienation - Bequest of leaseholds to married woman -Words restraining alienation - Absence of reference to coverture or separate use - Creation of restraint on anticipation - Married Women's Property Act, 1882.

In a will, words restraining alienation which would otherwise be repugnant may impose, in the case of a married woman,restraint upon anticipation. This is so, although the only reference to coverture in the will is the description of the beneficiary as "wife of X."; and although there is no reference to separate use. In re Dillon, 50 I. L. T. R. 144, applied. A clause prohibiting alienation, in terms general and undefined or in terms distinctly expressing a period beyond as...