Bongaards v. Millen
Supreme Judicial Court of Massachusetts
793 N.E.2d 335 (Mass. 2003)
When calculating an omitted spouse’s share under G.L. c. 191, §15, the trust assets of a trust created by a third party may not be included in the trust beneficiary’s estate.
Relevant Facts
At the time of her death, Jean Bongaard was the life tenant of a trust established by her mother, which included an apartment building worth $1.4 million. Jean had the power of appointment over the trust remainder and a right of termination during her lifetime. If she exercised her right of termination, the trust assets would be released to her. Jean never exercised her right of termination. However, she did exercise her power of appointment and appointed the trust to her sister, Nina (the defendant). Jean was survived by her husband, George (the plaintiff). The plaintiff and Jean lived in the apartment building together. Upon her death, the plaintiff discovered that Jean explicitly disinherited him in her will. The plaintiff took an elective share of Jean’s estate under G.L. c. 191, §15, claiming that the trust assets should be included in the estate from which his elective share would be calculated. The case was eventually appealed to the Supreme Judicial Court of Massachusetts.
Issue
Get access to our database of over 17,000+ case briefs today. Access our issue statements for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Holding & Reasoning
Get access to our database of over 17,000+ case briefs today. Access holding & reasonings for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Concurrence
Get access to our database of over 17,000+ case briefs today. Access all available concurrences for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Dissent
Get access to our database of over 17,000+ case briefs today. Access all available dissents for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Last updated:
January 6, 2021
Judicial Opinion
Get access to our database of over 17,000 case briefs today. Our database of judicial opinions will be released soon, for free!
Procedural History
Get access to our database of over 17,000+ case briefs today. Access the entire procedural history for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.
Citations
793 N.E.2d 335 (Mass. 2003)