A Decedent's Religious Wishes Spawn Unholy Legal Fight
A will disinheriting descendants who marry outside the Jewish faith is at the center of a legal fight in Illinois that has produced an appeals court ruling and an appeal to the state supreme court.
The Illinois Court of Appeals ruled 2-1 in the case that it would be contrary to public policy to honor the wishes of the deceased, Chicago dentist Max Feinberg, the Chicago Tribune reports. The Illinois Supreme Court has not yet decided whether to hear the case.
The will left Feinberg’s money in trust to his wife, Erla, and named their son and daughter as managers of Erla’s financial affairs and as executors. Max and Erla had five grandchildren, four of whom married gentiles.
The legal fight began when two of the grandchildren accused the Feinbergs’ daughter, Leila Taylor, of using $1.6 million in funds for her own benefit rather than Erla’s. Taylor argued the grandchildren had no standing under the “Jewish clause.”
Another suit claimed the Feinbergs’ son, Michael, misused Erla’s money to finish the floors in his house, and to buy a car and a summer home. The Illinois appeals ruling on the religion clause and burden of proof issues favors the grandchildren.
