Is the law stuck in the 1940s?The Court asked itself two central questions:
- Are testamentary conditions in restraint of religion now per se invalid as a matter of public policy ?, and
- If such conditions are not per se invalid, has there developed a new head of public policy that should give precedence over the freedom of testamentary disposition?
- an interference with the parental right to bring up a child in a particular faith, or
- an infringement upon the law’s policy to preserve and maintain marriage.