The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-31
UPHOLDS MARRIAGE
BAN IN SEAMAN WILL
Court Says It Does Not 1ncite
Mrs. Oakley to We'd and
Kill Fassler.
HER APPEAL DISMISSED

The Court Of Appeals has dismissed
the suit brought by Mrs. Frances r. :.
Oakley to invalidate certain provisions
OF the will OF her father, Egber, n.
Seaman. founder Of the Mason-Seaman
Transportation Company. which directed
mat Mrs. Oakley was not to share In the
estate if she became the wife Of Leo
Fassler. "A lawyer. II. after decedent's
death she married Fassler and later be-
came a widow she was TO have the benc-
ut OF a trust fund.
The Court of Appeals in unfolding the
VIII decides that II violates no rule OF
public policy as a restraint OF marriage,
or as tending to incite the daughter TO
take the life of the man she married.
Mr.. Seaman. who ded June 81. 1914.
LETT a will made In 1912, shortly after
Mr.. Fassler had acted as attorney for
his daughter in obtaining "A judgment
for personal injuries. lie had AN estate
OF about $4,000. o%ne-third of which
went to Mrs. Oakley, widow Of John u.
II. Oakley, under the conditions referred
To, and the other two shares to his
daughter. Mrs. Carrie l.. Eidlitz, and son
Egbert u. Seaman. Jr. In Mrs. Oakley's
behalf Fassler filed a contest OF the will.
The will was upheld both in the Sur
rogates' Court and In the Appellate hi
vision. whercupon Fassler carried IT to
the Court of Appeals. FasSler contendcd
that the will was illegal. as being equiva-
lent to putting a price on the head Of a
person and offering an inducemcnt for
the termination Of his life.
Chief Judge Bartlett OF the Court Of
Appeals. who wrote the opinion uphold
ing both the lower courts. said
There is no doubt that under the
terms of Mr.. Seaman's will the principal
sum OF one-thirh OF his estate. which Is
to be held for the benefit of his daugh-
ter. Mrs. Oakley. cannot go to her abso-
lutely 40 long as Mr.. Fassler lives. She
contends on the present appeal. or rather
Mr.. Fassler contends for her, that the
conditions designed TO prevent marriage
20 him arc void as against public policy
because they put a price upon his life :
because they violate the natural and
inalienable rights of Fassler to security
Of lie and liberty and BECAUSE they are
in d~erogation of rights secured to hj~
person 10y the Constitution of the United
| states and of tho state OF New York.
We are unable to see how they .olat
any constitutional right of Mr.. Fassler.
bat the poin, that the condition In re-
stiAiut Of marriage with him arc invalid
5 ineligible and one which the APP
pellaut l. entitled 10 have considered
1 chef Judge Bartlett says the pro-
vision designed 10 prevent the marriage
OF the testator's daughter with a rarticu-
liar individual Is similar 10 provisions
which mot only Nave received the sane
ton OF judicial authority. but we think
may bc justified by sound reasoning 1t
IS not to he assumed for a moment that
{ was the intention of Mr.. Seaman 10
mott 10 his daughter 70 bring about the
death OF Mr.. taseler.
she Mrs. oakley asks US TO In
validate a portion NJ her fathers will
because is tendency is Ia induce her 70
take the life Of the gentleman whom
she has selected 10 represent her in
~,crcsis IN this court as her counsel. such
contention would hardly merit: serious