Roger D Rotert v. Connie S Stiles

── Roger D Rotert v. Connie S Stiles ── Case No.: 21S-TR-00452 Court: Indiana Supreme Court Date: October 08, 2021 Author: Justice Geoffrey Slaughter County of Origin: Jackson Category: Civil Decision: Affirmed Justice Rush, Justice David, and Justice Massa concur. Justice Goff concurs in result When Marcille Borcherding died, she left her estate in trust for her children. One trust provision says that her son’s interest will be distributed to him directly if he is unmarried at the time of her death; but if he is married when she dies, his interest will be held in trust. At issue is whether this provision is an unlawful restraint against marriage. We hold it is not. The statutory prohibition against restraints on marriage applies only to a devise to a spouse by will and not to other dispositions.