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Wills, Trusts & Estates Keyed to Bonfield
Shapira v. Union National Bank
Citation:
315 N.E.2d 825 (Ohio 1974)Facts
The testator’s will bequeathed the residue of his estate to his three children in equal shares, with conditions placed on his sons, Daniel Jacob Shapira and Mark Benjamin Simon Shapira. Each son’s inheritance was contingent on being married to a Jewish woman whose both parents were Jewish at the time of the testator’s death or within seven years thereafter. If the condition was not met, the son’s share would pass to the State of Israel. Daniel Jacob Shapira, the plaintiff, challenged the condition as unconstitutional, against public policy, and unenforceable due to its unreasonableness, seeking to receive his inheritance without restriction. The provision is classified as an executory devise, meaning the vesting of Daniel’s inheritance or its transfer to the State of Israel depends on whether the condition is met within seven years of the testator’s death.
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