Illinois High Court OKs "Jews Only" Will

(AP)  Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn't inherit a penny if they married someone who wasn't Jewish.

His decision led to family feuds, lawsuits, countersuits and, on Thursday, a unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith.

"Equal protection does not require that all children be treated equally ... and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions," Justice Rita Garman wrote in a ruling that overturned decisions by two lower courts.

One disinherited granddaughter had argued it was improper for a will to set up conditions that promote religious intolerance in people's marriage decisions or even encouraged couples to divorce.

"It is at war with society's interest in eliminating bigotry and prejudice, and conflicts with modern moral standards of religious tolerance," said Michele Feinberg Trull's brief to the state Supreme Court.

The court's ruling was based partly on technicalities in the way this estate was arranged. The court did not provide a broad ruling on whether similar religious restrictions would be valid under other circumstances.

The dispute has its roots in 1986, when Feinberg died.

He put his money into trusts for his family, but his will declared that any grandchild marrying someone who wasn't Jewish "shall be deemed to be deceased" and would inherit nothing.

Feinberg's will gave control of the trust to his wife, Erla. When she died and the grandchildren were to inherit $250,000 each, she followed her husband's wishes and imposed the same restrictions.

By that time, four of the five grandchildren had married non-Jews.

That triggered a series of disputes over the estate. Trull sued her own parents, accusing them of mishandling the money. The parents tried to get the lawsuit dismissed on the grounds that the daughter was "dead" for purposes of inheritance and had no standing to sue.

So the courts had to decide whether it's acceptable for a will to base inheritance on someone's marriage and religion.

Feinberg's son, Michael, argues there's nothing wrong with it.

Michael, who stands to inherit more money if his children are cut out, argued in court documents that the will simply rewards the grandchildren who help preserve the "heritage and faith" his father loved.

His position won the support of several Jewish organizations - Agudath Israel, the National Council of Young Israel and the Union of Orthodox Jewish Congregations of America.

"A descendant who marries out of the faith has repudiated observant Judaism, endangering the survival of the Jewish people ... and has forfeited any moral claim to financial support from his or her Jewish ancestor," the groups said in a "friend of the court" brief.

Michael Feinberg, who is the co-executor of his parent's estate, was pleased by the ruling but had no other comment, his attorney said. Trull's attorney said she was disappointed but looking forward to court action on her other legal claims.

The two sides of the family can't even agree on what to call the part of the will causing all the trouble. The granddaughter calls it "the Jewish clause." Her parents have adopted the phrase "religious preference clause."

The state Supreme Court avoided that dispute and called it a "beneficiary restriction clause."

[bruce691]

Hey jeebus:
You christians are the same way. "it's the christian thing to do" "I can't believe he said that and he's a christian" Christianity is the least tolerant religion on earth.

[bubbadubba]

Good ruling. People have the RIGHT to leave their belongings to anyone they wish and they have the right to exclude someone for any reason they wish.
Thanks judge.
As for the atheists who use every opportunity to try and take away the rights of people to worship, who cares what you think? I sure don't.

[6591Hou]

The man passed away 23 years ago and wrote a will to bequeath money to those grandchildren who followed his faith, and all so many of you can think of is to call him a "bigot"? His widow agreed with him and imposed the same restriction but your 'indignation' is reserved for him alone. That same indignation should be reserved for the money-grubbing grandchildren who chose to disrespect his wishes by filing lawsuits against their own parents in attempts to render the will invalid:

"One disinherited granddaughter had argued it was improper for a will to set up conditions that promote religious intolerance in people's marriage decisions or even encouraged couples to divorce.It is at war with society's interest in eliminating bigotry and prejudice, and conflicts with modern moral standards of religious tolerance," said Michele Feinberg Trull's brief to the state Supreme Court."

Ms. Feinberg's lawsuit is improper and disrespectful as she chases after the money that is not due her. People disinherit relatives that they do not approve of all the time, and as far as arguing that wills have to comply with 'society's interest'?...... get a job Ms. Feinberg, move along and don't darken our headlines again!

[IndianaGuy]

Look if the guy wants to be a bigot with his own money that is his business.

[tb_whiteness]

Wow, even in death Jews just can't let go of their money.

[mossback1954]

Call it bigotry if you want. The man was most likely from the 'old school' and took his faith and its teachings very serious. My 6th great grandmother who was from royalty was disowned and wiped away from any family records because she ran away and married the son of her Tutor. I myself have a will with a clause in regards to my daughter and granddaughters and it is there to 'protect' the family interests they will inherit. My cousins wife's father had a clause in his will in regards to the trust she would inherit and how it could be used. Heck, my friends nephew was disinherited from his grandfathers because he married a Korean. Heck we all know people marry for the $$$ and once the bank is dry or the spouse does not get the big $$$$$ it is right to Divorce court.

All this seems like is a case about $$$$$$$ and not what antoniof123 posted "Once again the evils of religion rear its ugly head." People from the 'old school' do it for various reasons, but mainly to preserve their heritage.

[taxchurches]

Wills should be inviolate, unlike the will of Michael Jackson which is currently being dismantled by his family. Even if the conditions of the will are stupid, as in this case, they represent the "will" -- the desire -- of the deceased. A legal will is basically a person's actions beyond death, so it should be honored just as if that person were alive, performing the actions himself. If not, what's the point of a will in the first place?

[SusanStoHelit]

Looks like his views did not pass on to his grandchildren - 4 of them married nonJews - and likely the one who did marry a Jew did so because that's actually who she fell in love with.

[antoniof123]

Once again the evils of religion rear its ugly head.

Of course if it were me as a grandchild or child and that happened I would of course accept it.

But then change my name and remove anything that had to do with that former life in fact I would disown the very memory of the bigget.

[hissteps4u]

Big Deal I rejected my fathers offer of mOney because it had ties which I felt I did not and could not honor and would not honor. I felt them to be excessive and foolish. i basically told Him to spend his money as he wished because I would not subject My children to His wishs and that they nor i needed his MOney.

Sometimes one simply has to make a stand on the issues rather than Lie to get mOney. I would rather be poor and happy and free of parental control. I did not raise my kids to be Manipulated in that way and would not allow Him to do so either.