Estate of Vera E. Cawiezell v. CoronelliAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming a probate court ruling that a restriction on the transfer of devise property was a restraint on alienation and void, holding that the provision was a prohibited restraint on alienation and void.
The testamentary provision in this case restricted the beneficiaries from selling or transferring the devised property outside their immediate family for a period of twenty years following the testator's death. The district court ultimately held that the restriction on the property was an invalid restraint on alienation and void. The court of appeals affirmed. The Supreme Court affirmed, holding that the restriction was a restraint on alienation and that reasonable restraints on alienation are not allowed under Iowa law.