As highlighted in a recent Wills, Trusts, and Estates Prof post, parties to a lawsuit in Illinois are disputing a provision contained in a will described as the “Jewish clause.” The deceased “expressed his wish to disinherit any descendant “who married outside the Jewish faith.” Two grandchildren married outside the Jewish faith, and contested the clause’s validity. An Illinois appellate court has ruled that the restraint on marriage is void, but the parties have appealed to the Illinois Supreme Court.

Restraints on marriage contained in wills are generally void as against the public policy of promoting marriage. In California, the rule has been codified in Civil Code §710 which provides that “Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.”

In Feinberg’s case a trial would not be held on this issue, and the will clause would be defeated upon a motion for summary judgment or demurrer as a matter of law.

Filed under: Uncategorized, Will Contests