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Response to jberryhill (Reply #29)

Mon May 28, 2012, 01:30 PM

37. It is probably unenforceable as against public policy

The condition on marraige rather than the religous condition would probably make it so.

Were it simply "I leave my house to my son, provided he is still a Catholic by age 25" would probably be enforceable. However, it would be up to the probate court to determine whether the son was indeed Catholic, not to the local Catholic Bishop. Note that as written it does not specify which Catholic church he must still be.

In my opinion, the probate court should accept the son's simple affirmation of being a Catholic or not, without communication with any clergy.

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no_hypocrisy May 2012 OP
jberryhill May 2012 #1
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