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Court invalidates religious clause in will

The Illinois Supreme Court has been asked to take a case that involves whether a person can practice discrimination with his money after he dies.

A three-judge panel of the state appellate court has ruled that allowing the late Max Feinberg to disinherit heirs who marry outside the Jewish religion would be "contrary to public policy," the Chicago Tribune reported Monday.

In his will, the wealthy Chicago dentist inserted what has been dubbed "the Jewish clause," stating that any of his heirs who marry non-Jews can't have any of his money.

Appellate Judge Patrick Quinn said he feared that allowing the clause to stand could form a legal slippery slope, the Tribune report said.

Feinberg's son, Michael, says he has spent $200,000 in legal fees, defending his father's will against grandchildren who married outside the religion.

"The case comes down to individual rights versus political correctness," his attorney Michael Durkin told the Tribune.

There is no word on whether the Illinois Supreme Court will take the case.

Copyright 2008 by United Press International.

This news arrived on: 08/25/2008
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Posted Comments:

08-26-2008 05:32
wrote:



I don't understand why the courts may even begin to think that what a man wants to do with his money when he dies should have anything at all to do with political correctness. I do not like the KKK AT ALL, but if a man were to will his money to them, I would shake my head, but still support his right to do so. Some people have given all their money to a beloved pet and left their relatives penniless. I have not seen anything in the news saying the courts are afraid that that wasn't politically correct enough. My father has 5 children, 9 grandchildren and 6 great grandchildren. He is also worth a large amount of money. He has told us all that he is willing his money to his church. He raised his children to know how to support themselves, and he expected his children to teach their children the same. He has said this many times over the years and he is still of sound mind and body. So when he dies, I do not expect, nor do I want to get any money. My father earned and saved to be able to support his church when he dies, and that is the way it should be. Just so you know, I have just been deserted by my husband of 20 years. He found an old flame from his High School years. The grass is always greener.... Because I married my husband and had his children, and he decided that I didn't need to continue my college education after we got married, I am not qualified for anything over minimum wage. We live in a state that has no alimony. Therefore, I live paycheck to paycheck, and very poorly. I could use some of the money that my father leaves behind, just to be able to eat every day. But my father has made his intentions known, and I feel it is his money to do with as he pleases when he dies. I am not waiting for my father to die, to try to do something with the rest of my life. I will make it on my own, and the church will have it's money. And that is the way it should be.



08-25-2008 21:30
Alice M. wrote:

Jewish Will

I certainly hope this case grabs the national attention it deserves!! The REAL ISSUE in this case is not about political correctness-it is about the government's increasing intrusion into the freedoms of the American people. This man's last will & testament is none of the government's business. WAKE UP AMERICA our freedoms are rapidly being taken away from us!!!



08-25-2008 19:26
Roberto Mckenzie wrote:

Will

The Will should stand, if not it invalidates all will between father, mother, brother and sisters and animals.



08-25-2008 18:16
Effie wrote:

The will

If the court decides the will should not stand because it involves religion will they break a will that leaves money to the Cat and Dog society because they do not like cats ? To me this is the slippery slope,we would loose our right to do what we want to with the product of our own efforts.



08-25-2008 16:59
Judi wrote:

Last Will

Last Will and Testoment....that should say it all. If the Govt start messing with wills there will be NO end!! It is a legal and BINDING document that should be upheld....Lets hear FOR the dead man...Speak up...he tried and they don't want to listen!!!!!!!!!!




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