NOTES. 373 straint of marriage. While conditions against marrying without consent (/;/ re Smith, 44 Ch. D. 654), or before some reasonable age ( Yonge v. Furse^ 8 D. M. & G. 756), or against marriage with a person of a certain nationality {Ferrin v. Lyon, 9 East, 170), are valid, a condition against marrying any man who is not seised of a freehold worth ;^5oo a year has been held to be too general, and therefore void {Keily v. Monck, 3 Ridg. P. C. 205). All that can be said is that the condition, even if not in com- plete restraint of marriage, must not unreasonably restrict the freedom of the donee. Story, Eq. Juris. § 280. Although the condition be not expressed in so many words, if the natural operation of the gift is to restrain marriage, courts will treat the implied condition as illegal to the same extent as an express condition. But in cases of provision for support until marriage, they will not be astute to imply such a condition. A bona fide bequest during celibacy is good ; " for the purpose of intermediate maintenance will not be interpreted maliciously to a charge of restraining marriage." Scott v. Tyler, 2 Dick. 712, 722. The most refined subdety in the whole doctrine, however, is to be found in the so called in terrorem principle. In case of gifts of personal property, where there is a condition subsequent, which is only in partial restraint of marriage, and hence is valid in itself, and there is no gift over, courts have held that the failure to dispose of the residue of the property shows that the condition was inserted by the testator merely for the in- fluence it might have on the donee, to alarm him, as it were, and have refused to allow a forfeiture in case of breach. This doctrine " explores in slippery places," and the reasons given for it savor of excessive refine- ment. Schouler on Wills, § 603. The entire subject of conditions in restraint of marriage is well treated in 2 Jarman on Wills, 5th ed., 885- 898 ; and in the note to Scott v. Tyler, 2 White & T. Lead. Cas. Eq., 5th ed., 179-205. The Bram Trial. — The case of United States v. Bram will stand as one of the great murder trials of the day. From the night in July, when the triple murder on the barkentine Herbert Fuller was committed, to the conclusion of the trial before the United States Circuit Court at Boston there has been a succession of sensational incidents. An atmosphere of mystery, not yet entirely dispelled, has enveloped the whole affair. It is not surprising that a large portion of the New England public became absorbed in the reports of the proceedings as in a matter of almost per- sonal moment. Those who attended the trial received impressions not soon to be forgotten. Unusual circumstances gave vivid color to the re- markable case ; — the trying position of the young passenger, the dazed uneasiness of the sailor witnesses, the striking personal appearance of the defendant, and his admirable bearino^ on the witness stand during the ordeal of long cross-examination. Legally the most salient features were the endeavor of the defence to have excluded the testimony of the prin- cipal witness for the prosecution, and the attempt of the government to show motive by evidence of occurrences entirely unconnected with the case in point of time and surroundings. Most remarkable and interest- ing of all was the verdict of *' Guilty " reached by the jury after tA-enty- six hours of deliberation, and in light of the fact that no reason for the crime had been presented. The strong popular disapproval of the result
