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IN RE ESTATE OF FEINBERG

Nos. 1-06-2823, 1-06-2824, 1-06-2843.

891 N.E.2d 549 (2008)

In re ESTATE OF Max FEINBERG, Deceased (Leila R. Taylor, as Independent Coexecutor of the Will of Max Feinberg, Deceased, Plaintiff-Appellant, v. Michael B. Feinberg, Individually and as Coexecutor of the Will of Max Feinberg, Deceased; Fifth Third Bank, as Trustee under the Trusts of Max Feinberg, Deceased; Michele Trull, neé Feinberg, Aron Feinberg, Lisa Taylor-Schroeder; Jon Taylor, Aimee Taylor-Severe; and The Unknown or Unborn Descendants of Leila R. Taylor, Michael B. Feinberg, Michele Trull neé Feinberg, Lisa Taylor-Schroeder, Jon Taylor, and Aimee Taylor-Severe; and The Known Descendants of Lisa Taylor-Schroeder, Jon Taylor, and Aimee Taylor-Severe, Defendants-Appellees).

Appellate Court of Illinois, First District, Third Division.

June 30, 2008.

Attorney(s) appearing for the Case

Pedersen & Houpt, Chicago (Michael J. Durkin, of counsel), for Appellant.

Levin & Schreder (James R. Carey and Theodore E. Froum, of counsel), Christopher Langone, Chicago, Ethan E. Trull, Highland Park, for Appellees.

Justice CUNNINGHAM delivered the opinion of the court:

This is an interlocutory appeal from an order of the circuit court of Cook County striking down the testamentary provision that presents the following question. Can an Illinois court enforce a testamentary provision that any of the testator's grandchildren who marry outside the Jewish faith, unless the spouse has converted or converts within one year of the marriage to the Jewish faith, will, for purposes of the...

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