O'CONNOR, J.
We are presented with a will dispute and a constitutional challenge to G.L.c. 191, § 2, which voids bequests to spouses of necessary subscribing witnesses.
By a will executed on March 24, 1965, and a codicil executed on November 1, 1976, William Herbits left one-half of the residue of his estate to his wife on the condition that she survive him by thirty days, and "one-half (or all, if my said wife shall not survive me thirty days) in equal...
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