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Case file s583 · Jewish law and estates · 1973
1973
Died
13 April 1973
Place
Mahoning County (Youngstown), Ohio · United States
Field
physician · Science, medicine and academia on the timeline
Legal tradition
US common law (Ohio); will condition based on Jewish parentage · Common law · Jewish and biblical law
Historical event
Loving v. Virginia (1967) and the constitutional right to marry
AI illustration: A will on a desk in an Ohio lawyer's office, 1970s
Illustration made with AI for celebrity.estate.

An Ohio doctor's will gave his son seven years to marry a Jewish woman or lose his share to the State of Israel, and the court upheld it

Dr David Shapira died on 13 April 1973, a resident of Mahoning County, Ohio. Item VIII of his will divided the residue equally among his three children: Ruth Shapira Aharoni of Tel Aviv, Daniel Jacob Shapira and Mark Benjamin Simon Shapira. Daniel's share carried a condition. He would receive it only if, at his father's death, he was married to "a Jewish girl whose both parents were Jewish." If not, the executor would hold the share for up to seven years. If Daniel married such a woman within that time, he received it. If he did not, or married a non-Jewish woman, the share went "to The State of Israel, absolutely." Mark's share carried a similar condition. Daniel was 21, unmarried and a student at Youngstown State University. He sued the executor, Union National Bank, and the State of Israel appeared to defend its gift. Daniel argued the condition violated his Fourteenth Amendment right to marry and that the county had too few eligible Jewish women. On 22 January 1974 the Court of Common Pleas upheld the will. The judge held that the court was enforcing a limit on an inheritance, not on the right to marry. He called seven years "a most reasonable grace period" and found that the gift over to Israel showed the father's aim was to preserve "the Jewish faith and blood." The case is still taught in American wills courses. Whether Daniel married within seven years is not recorded in the sources found†.

What the law took from it

A marriage condition with a time limit and a named alternative beneficiary was held valid; a bare forfeiture with no gift over is weaker.

Cite as: celebrity.estate, “An Ohio doctor's will gave his son seven years to marry a Jewish woman or lose his share to the State of Israel, and the court upheld it,” story s583, https://www.celebrity.estate/an-ohio-doctors-will-gave-his-1973, updated 30 October 2026.

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