Saturday, November 28, 2009
Helen W. Gunnarsson (attorney, Highland Park, Illinois) has published an article entitled Illinois Supreme Court upholds Jewish-marriage clause in trust provision, 97 Ill. Bar J. 549 (2009). The article discusses In re Estate of Feinberg, which is also discussed here and here.
The introduction to the article is below:
A clause from a testamentary trust providing that its assets are to be distributed to the testator's grandchildren, except for any grandchild who might marry a non-Jew or whose non-Jewish spouse did not convert within one year of marriage, does not violate public policy when employed as a condition precedent of a gift of the trust's assets, a unanimous Illinois Supreme Court has held. The case is In re Estate of Feinberg, 2009 WL 3063395 (Ill Sup Ct).