This section contains the nature of the case and procedural background.

Earl Guidotti (H) died. His will created a testamentary trust for the benefit of W. The trust generally provided for W during her lifetime and upon her death, provided for distribution to 'charitable 501 (c)(3) organizations' within the meaning of the Internal Revenue Code. The trust granted Darlene the power to appoint the charitable beneficiaries. The trust gave W the right to live in the family residence during her lifetime, rent-free. In the event she moved from the residence or was absent for more than 60 continuous days, without an intent to return, W forfeited the right to live in the residence. However, 'in the event W should remarry, or, live with a man as though they were husband and wife, even though not married, all income payments to her shall immediately stop. W's power to invade principal, also ceased in the event of W's remarriage or cohabitation 'with a man as though they were husband and wife, even though not married.' During the probate proceedings, W expressly disclaimed any interest in the trust principal by filing a written disclaimer pursuant to Probate Code section 275. W then filed a petition to reform the will in order to meet the technical requirements of the Internal Revenue Code regarding the marital and charitable deductions. W argued that the clause regarding her remarriage or cohabitation with a man was void as a restraint on marriage. The probate court held the clause regarding remarriage or cohabitation was not a restraint on marriage because it fell under the exception of Civil Code section 710, 'where the intent was not to forbid marriage, but only to give the use until marriage.' W appealed.

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