Sayn-Wittgenstein-Berleburg Estate and Family Issues


If you have answers, please help by responding to the unanswered posts.

Tatiana Maria

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This is a thread for information and discussion on property, family, legal and dynastic issues involving the Sayn-Wittgenstein-Berleburg family: succession and ownership, marriage and children, names and titles, headship and family disputes, lawsuits, et cetera.

Information and discussion on the personal lives and news of members of the family can be found in their Current Events threads.
 
Except where noted otherwise, all the information posted to this thread by me will be sourced from two judgments of German courts of law, published online and free to all to read.

It is not I who am the source. You do not need to believe me personally, and you do not need to rely on my summaries and translations. The sources of the information are the written rulings of the German courts and the German legal documents quoted within them. You can translate, read, and analyze the German court documents yourself.

The two court judgments are:

1) The judgment of April 18, 2019 of the Agricultural Court at the District Court of Bad Berleburg. The complete judgment may be read in this database: https://openjur.de/u/2340698.html The 1943 last will and testament of Gustav Albrecht is quoted at paragraphs 11-25.

2) The judgment of July 23, 2020 of the 10th Civil Senate at the Superior Regional Court of Hamm. All significant portions of the judgment, including the background, evidence, claims, decision and reasons for the court's decision, are quoted in this legal journal: Content-Select PDF Viewer The 1943 last will and testament of Gustav Albrecht is quoted on pages 413-414.
 
A question & answer format to address a few of the most popular myths about the 1943 last will of Fürst (Prince) Gustav Albrecht, grandfather of the current Prince Gustav.


Q&A Part One

1. Q. Didn't Prince Gustav Albrecht (Prince Gustav's deceased grandfather) write a will saying that his grandson's wife had to be "Aryan"?

A. No, he most certainly did not. The last will of Prince Gustav Albrecht was published within the German court rulings of 2019 and 2020. (The rulings and will are available for reading online: See the links in post #2.) The word "Aryan" does not appear anywhere in the will.


2. Q. But wasn't there some racist marriage requirement in Gustav Albrecht's will?

A. These are the exact words of his last will's requirements for the wives of male heirs (to read the complete will, see the links in post #2.):

und wenn sie eine Ehe eingehen bzw. in einer Ehe leben, mit einer Frau, die adlig geboren ist und hinsichtlich ihrer Abstammung die gegenwärtigen Aufnahmebedingungen für die Mitgliedschaft bei der Deutschen Adelsgenossenschaft erfüllen kann.​

Translation:

and if they enter into a marriage or are living in a marriage, with a woman who was born noble and, with regard to her ancestry, satisfies the current admission requirements for membership in the German Nobility Society.​

Clearly, there is no verbal mention of race written into the requirement.


3. Q. If the will wasn't racist, then why did Gustav need to wait so long to marry Carina?

A. The will did require the wife of a male heir to be "born noble" (see the previous question and answer). Carina Axelsson, regardless of race, was not born noble by anyone's definition. For that reason, if Gustav had married her before he inherited the estate, he would have risked losing his right to inherit it.
 
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