Bongaards v. Millen

At her death, Jean Bongaard was the life tenant of a trust her mother created, holding an apartment building worth $1.4 million; Jean had a power of appointment over the remainder and a lifetime right to terminate the trust (which would release the assets to her), but she never exercised the termination right. She did exercise the power of appointment, appointing the trust to her sister Nina (defendant). Jean's will disinherited her surviving husband George (plaintiff), who lived with her in the building. George claimed an elective (omitted-spouse) share under G.L. c. 191, section 15, arguing the third-party trust assets should be counted in Jean's estate. The case reached the Supreme Judicial Court of Massachusetts.

Whether, in calculating an omitted spouse's share under G.L. c. 191, section 15, the assets of a trust created by a third party are included in the beneficiary spouse's estate.