Legal Definitions - si vidua manserit et non nupserit

si vidua manserit et non nupserit

This Latin legal phrase translates to "if she should remain a widow and not marry."

Historically, this condition was frequently included in wills, trusts, or other legal provisions made for a widow. It meant that a specific benefit, such as an inheritance, the right to live in a property, or a regular payment, would be granted to her only for as long as she remained unmarried after her husband's death. If she chose to remarry, the specified benefit would typically cease or be transferred to another beneficiary.

• Example 1: Conditional Inheritance of Property

  A wealthy landowner's will stipulated that his wife, Eleanor, could continue to live in the family estate and receive an annual income from its lands. However, the will explicitly stated, "si vidua manserit et non nupserit," meaning that if Eleanor were to remarry, her right to reside in the estate and receive the income would immediately terminate, and the property would then pass directly to their eldest son.

• Example 2: Trust Fund for Support

  A husband established a trust fund designed to provide for his wife's living expenses after his passing. The trust document included the condition "si vidua manserit et non nupserit," specifying that monthly disbursements from the fund would be made to her only as long as she remained a widow. Should she remarry, the remaining funds in the trust would be reallocated to support a local orphanage, as per the husband's secondary instruction.

• Example 3: Use of Business Assets

  A merchant's will granted his wife, Martha, the right to manage and profit from his textile business following his death, ensuring her financial independence. This provision was made "si vidua manserit et non nupserit." If Martha were to remarry, the control and profits of the business would revert to her late husband's brother, who was designated as the next in line to manage the family enterprise.