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Shapira v. Union National Bank

Ohio Court of Common Pleas for Mahoning County
315 N.E.2d 825 (1974)


Facts

Daniel Jacob Shapira (plaintiff) commenced an action seeking to have the condition on his inheritance under the will of his father, David Shapira, declared unconstitutional, and to remove the restriction on the bequest to him in his father’s will. David’s will provided that Daniel would receive his inheritance only if he is married to a Jewish woman who has Jewish parents at the time of David’s death, and if Daniel is not, that the inheritance be held in trust for seven years or until Daniel was so married. If Daniel failed to marry a Jewish woman with Jewish parents within the seven-year period, Daniel’s share of the estate was to go instead to the State of Israel. Daniel asserted that the condition on his inheritance is unreasonable, contrary to public policy and violates his right to marry under the Fourteenth Amendment of the United States Constitution. The court considered the pleadings and the exhibit.

Rule of Law

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Issue

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Holding and Reasoning (Henderson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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