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'Jewish Clause' in Will Launches Lawsuits

Can a man disinherit his offspring for marrying outside faith?

By Harry Kimball,  Newser Staff

Posted Aug 25, 2008 1:31 PM CDT

(Newser) – A Chicago courtroom is the site of a nasty tangle over a Jewish patriarch’s wishes for his family, the Chicago Tribune reports. A wealthy dentist, upset to discover that a grandson was taking a gentile to the junior prom, left a provision in his will disowning any of his offspring who marries outside the faith. Of five grandchildren, four did exactly that. Now they're suing their parents for honoring the request.

A court has ruled for the kids, calling the clause “contrary to public policy"; an appeal is pending. Max Feinberg’s grandchildren contend that their parents have mismanaged the trust they administer; the older generation argues that their offspring have no standing to bring suit, as they had married outside the faith. However the case is ultimately decided, it's already caused one defendant to exile a plaintiff from the family dinner table. “I have to think she misses the gefilte fish,” the mother notes.

A Jewish procession.
A Jewish procession.   (AP Photo)
A rabbi points to words in the Torah.
A rabbi points to words in the Torah.   (AP Photo)
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Suppose Max Feinberg had reservations about his descendants' marrying a black person. The judge asked: Do we really want courts 'to enforce the worst bigotry imaginable?' - Chicago Tribune

Max and Erla had a dream with respect to the provisions of their will and if you will it, it is no dream.
- Judge Alan Greiman, in his dissent

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