Illinois Supreme Court
919 N.E.2d 888 (2009)
Under Max Feinberg’s will, a trust was established for his wife, Erla’s, benefit. The terms of the trust directed that upon Erla’s death, half of the trust assets would remain in trust, to be used for their grandchildren’s benefit. However, under the trust terms, if any grandchild married a non-Jewish spouse, that grandchild would be considered deceased and would no longer benefit from the trust. The trust gave Erla a limited power of appointment to change the trust terms, as long as none of the remaindermen she named were deemed deceased under the original trust terms. Erla exercised her power of appointment and directed that $250,000 should be given, upon her death, to each of Max and Erla’s children, and to each of their grandchildren who were not deemed deceased under the original trust terms. When Erla died, four of her five grandchildren were deemed deceased under the terms of the trust because they had non-Jewish spouses. Erla and Max’s son, Michael (plaintiff), was the executor of his parents’ estates. Michele (defendant), one of the grandchildren who was deemed deceased, challenged the restrictions contained in the trust. The lower courts held that the trust’s beneficiary restriction was invalid as contrary to public policy, and Michael appealed.
Rule of Law
Holding and Reasoning (Garman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.