SHAPIRA V. UNION NATIONAL BANK
39 Ohio Misc. 28, 315 N.E.2d 825 (1974).
NATURE OF THE CASE: This was a declaratory action for the construction of a will. Shapira
(P), son of testator, asserted that a will provision was invalid because it violated P's
constitutional right to marry, and was against public policy.
FACTS: Under a will by his father, a son Daniel (P) could only inherit if he was married
to a Jewish woman whose parents were both Jewish. If P was not married to such a woman at
the time of his father's death, he had another seven years to satisfy that condition or the
devise would go to the State of Israel. P sought a declaration that the will was
unconstitutional, contrary to public policy, and unenforceable for its unreasonableness and
that he should be given the bequest free of its restriction. At the time the petition was
filed P was 21 and unmarried.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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