Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, January 23, 2009

Don't take a puff, don't inherit

Smoking_allowedContrast this with the prior posting.

In September 1993, Marin Cemenescu died leaving a will which stipulated that his wife must smoke five cigarettes per day for the rest of her life to inherit his house and $30,000.

The will provided that "She could not stand to see me with a cigarette in my mouth [and] I ended up smoking in the bathroom like a schoolboy.  My life was  hell."

I wonder if the court would force a beneficiary to engage in a dangerous habit to receive the property. 

Note that the actual case is difficult to trace because Marin died and was domiciled in Bucharest, Romania.

See Man Leaves Will From Hell, Sun Sentinel (Fla.), Sept. 19, 1993, at 1A.

https://lawprofessors.typepad.com/trusts_estates_prof/2009/01/dont-take-a-puf.html

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