Statutory share statute gives surviving spouse a portion of the estate of the decedent

Applying the terms of a long-existing state statute, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed that a second spouse could take 1/3 of her deceased husband's estate when he failed to rewrite his will after his second marriage and his will had left his entire estate to his first wife. Ciani v. MacGrath, 114 N.E.3d 52 (Mass. 2019); Mass. Gen. Laws ch. 191, §15. The court also read the state statute to give the surviving spouse a life estate in the family house rather than just a right to a share of its income.