Ciani v. MacGrath

**175This case presents reported questions from a judge in the Probate and Family Court Department pursuant to G. L. c. 215, § 13, in connection with the judge's *55denial of the parties' competing motions for summary judgment. At issue is the meaning of a particular provision of G. L. c. 191, § 15 ( § 15 ), the Commonwealth's elective share statute.

Section 15 is intended to prevent spousal disinheritance, either by inadvertence or design. See Bongaards v. Millen, 440 Mass. 10, 32, 793 N.E.2d 335 (2003). See generally Restatement (Third) of Property: Wills and Other Donative Transfers § 9.1…