Docket No. 106982.
THE STATE OF ILLINOIS
In re ESTATE OF MAX FEINBERG, Deceased (Leila R. Taylor v.
Michael B. Feinberg et al. (Michael B. Feinberg, Appellant; Michele
Opinion filed September 24, 2009.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Karmeier, and Burke concurred in the judgment and opinion.
This case involves a dispute among the surviving children and
grandchildren of Max and Erla Feinberg regarding the validity of a
trust provision. The circuit court found the trust provision
unenforceable on the basis that it is contrary to the public policy of the
state of Illinois. The appellate court affirmed. 383 Ill. App. 3d 992.
Michael Feinberg, the Feinbergs’ son and coexecutor of their estates,
filed a petition for leave to appeal pursuant to Supreme Court Rule
315 (210 Ill. 2d R. 315), which we allowed. We also allowed Agudath
Israel of America, the National Council of Young Israel, and the
Union of Orthodox Jewish Congregations of America to file a brief