Shapira v. Union National Bank

Majority - Henderson, J.

Yes, the condition is enforceable. A testator's restriction on a beneficiary's inheritance does not violate the constitution or public policy as long as it constitutes a reasonable, partial restraint on marriage. The court's enforcement of a condition on an inheritance is not state action that infringes upon the constitutional right to marry. While the right to marry is constitutionally protected from state interference under cases like Loving v. Virginia, the doctrine of Shelley v. Kraemer does not apply here because the court is not being asked to enjoin a marriage, but rather to enforce the testator's conditions for dispensing a gift. The right to receive property by will is not a natural or constitutional right, but a creature of law, and a testator has the right to dispose of their property as they see fit, including disinheriting a child entirely. Regarding public policy, total restraints on marriage are void, but partial and reasonable restraints are valid. The great weight of authority holds that conditioning a gift on marrying within a particular religious faith is a reasonable, partial restraint. The seven-year period provides ample time for reflection and choice, and the gift-over to the State of Israel demonstrates the testator's clear and permissible intent to promote the preservation of his faith.