DORFMAN v. ALLEN


386 Mass. 136 (1982)

434 N.E.2d 1012

CASPER T. DORFMAN, administrator, vs. MURIEL HARRIET ALLEN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 5, 1982.


Attorney(s) appearing for the Case

Barbara Bruce Williams (Ronald F. Kehoe & Peter A. Allen with her) for Muriel Harriet Allen & others.

Keith L. Hughes for Iris Chandler.

Leonard A. Shamas for Charles G. Herbits.

Timothy J. Dacey, for the plaintiff, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.


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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