Future Interests – Restraints on Alienation – Same Rules Applicable to Restraints on Future and Possessory Interests

Testator devised real estate to his wife for life, remainder to his children, “with the following understanding,” that should any child attempt to dispose of his interest before the death of the testator’s wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against public policy and are therefore void. The conveyance by the son was effective. Andrews v. Hall, 156 Neb. 817, 58 N.W. (2d) 201 (1953).