39 Ohio Misc. 28, 315 N.E.2d 825
Read the Full Case at: http://scholar.google.com/scholar_case?case=10886152145671541514&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Shapira died leaving a will.
The will provided that his three children would inherit his estate.
One of his children, named Daniel, would only inherit from the will if he married a Jewish girl whose parents were both Jewish.
However, the will stated that if Daniel did not marry an eligible Jewish girl within 7 years his portion of the estate would instead go to the State of Israel.
Does a will that conditions the receipt of one’s inheritance upon that person marrying within a particular religious group unconstitutional in that it violates one’s right to marry?
No, this was a reasonable restriction and not contrary to public policy.
- The Court did not believe that this was an issue of Daniel’s constitutional right to marry
- Instead, the court believed that this has more to do with a testator’s right to place a condition precedent on his will.
- The Court ruled a partial restraint of marriage that only imposes reasonable restrictions is valid, and is not contrary to public policy.
- The Court stated that gifts that were conditioned upon the beneficiary's marrying within a particular religious class or faith are in fact reasonable.
Wills may contain provisions that the one must marry within a particular religious group as a condition of receiving an inheritance.
See Also: http://www.lawschoolcasebriefs.net/2013/11/shapira-v-union-national-bank-case-brief.html