Many romance readers are familiar with those very contrived wills that force hero and heroine into marriages of convenience–and many a reader (and authors) have complained about how implausible, if not absurd, such wills are.
And yet, here we have a fairly ridiculous will, with a healthy chance to be upheld by the courts:
The elder Mandelbaum’s will set up a trust worth hundreds of thousands for his grandchildren and their decedents. However, the will excluded any “adopted child of Robert, if adopted while Robert is a single person, or a biological child of Robert … if Robert shall not be married to the child’s mother within six months of the child’s birth.”
So when the Robert in question fathered a child through a surrogate mother and then married another man within six months of his son’s birth, you’d think the conditions of the will would have been met, yes?
Apparently not–because another man cannot be “mother” and other interested parties seem keen on a literal reading of the will, rather than on the intent of the will’s writer.
Not surprised, sadly–I’m a cynic and a curmudgeon.