Shapira v. Union National Bank

39 Ohio Misc. 28, 315 N.E.2d 825 (1974).

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Nature of the Case

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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.