I did a quick Lexis search, which revealed no cases where a court addressed whether it should uphold a conditional bequest in a will that required the beneficiary to marry a specific person (a “conditional bequest” is where a testator requires a beneficiary to behave in a certain way in order to receive their inheritance). Pearl’s attorney, Conner, is probably right that Pearl can’t make Jill and Garrett get married to receive the property. Pearl’s hope is that the time Jill and Garrett will have to spend together as they make big decisions about the property will rekindle their romance. If either one decides to forego Pearl’s offer, then the property, including Jill’s childhood home, will be auctioned and the proceeds will be split three ways: a third for an animal shelter, a third for Jill, and a third for Garrett. Pearl places conditions on the bequest: Jill and Garrett will have to keep the property for five years (not sell it) and use it only for a certain project for which they will have to break ground within the same five years. Playing matchmaker from beyond the grave, Pearl leaves her large property to Jill and Garrett, despite the fact that the beneficiaries had broken up a year prior and Jill is in a new relationship. I can strongly encourage you… encourage you to spend some time together. I wanted a clause that made the two of you marry to get the property, but Conner said I couldn’t do that.

In a video accompanying her will, Pearl explains to Jill and Garrett, Jill’s ex-boyfriend: The best part of the novel is grandmother Pearl’s charming, ghostly presence, not only through her loved ones’ memories and her family recipes, but also through her will. Then again, I’ve read equally unbelievable stories in the news, so maybe Jill is in good company. Second, the villains of the story and their interaction with the main character are unrealistic e.g., it’s particularly hard to believe that Jill, the protagonist, would be so naïve. First, the protagonist’s brief assertion that Ecuadorian culture is “primitive” is jarring.

Sweet Tea and Secrets is interesting enough to read cover to cover, despite two small issues. “Dead hand control” through a will is a pretty good plot device, though, and author Nancy Naigle uses it effectively in Sweet Tea and Secrets, a novel that strains credulity at points but ends up being a pleasant read. Quite frankly, I found the subject boring and could barely make heads or tails of all the “fees” (which I referred to as “Fee-Fi-Fo-Fum”) and the Rule Against Perpetuities. I haven’t thought about wills, trusts, and estates since my 1L property class and the bar exam.

Sweet Tea and Secrets by Nancy Naigle