JUSTICE AND LAW. 
505 
by a verbal quibble. It has been decided that conditions in 
general restraint of marriage are void as being contrary to public 
policy ; if, therefore, a testator leaves his estate to his daughter, 
with a proviso that if she marries it shall go to some one else, 
equity steps in and defeats his projects by giving the estate to the 
daughter, discharged of the condition. But all husbands might 
have been effectually kept off the estate by giving it to the 
daughter only until marriage. This, says equity, is a limitation, not 
a condition ; we can't interfere here. The wise conclusion, therefore, 
is, that although marriage cannot nominally cause a forfeiture of 
an estate, it may yet put an end to the enjoyment of it." The 
lecturer recommended that the doctrine that conditions in 
restraint of marriage are void, should either be entirely abandoned 
or else full effect given to it by holding that a limitation until 
marriage should confer a life interest. He then discussed the 
doctrine of equity which regards certain conditions in restraint of 
marriage as mere empty threats, not intended to operate at all, 
conditions which are known as conditions in terrorem. " For 
instance," said he, " if a testator bequeaths an annuity to his 
wife, with a proviso (which is quite legal) that it shall cease if she 
marries again, but does not expressly name any body to whom 
the annuity shall be transferred in that event, equity decides that 
he did not really intend that the annuity should cease on his 
widow's second marriage, but only meant that she should think so, 
and thereby be intimidated into remaining faithful to his memory." 
After dwelling at some length on the intricacy and absurdity of the 
law relating to conditions in restraint of marriage, the lecturer 
concluded his remarks upon equity by acknowledging that with 
many defects the system had many excellencies which he did not 
propose to point out ; first, because they were expatiated upon in 
every text book ; and, secondly, because he considered that when 
any ridiculous and glaring defects remained, it was more becoming 
in a great nation to try and devise a suitable remedy than to gloss 
over what was amiss by boasting of achievements in another 
direction. 
" If the British army," said he, " were to sustain a defeat, the 
British soldier would humbly direct his attention towards guarding 
against a repetition of such a disaster, and would not occupy his 
time in talking of the battle of Waterloo ; the British lawyer, on 
the contrary, seems to consider it his duty to call particular atten- 
