Estate of Christensen v. Christensen

OAKS, Justice:

Appellant, who married the 83-year-old testator six weeks before his death, contends that she is entitled to 50 percent of his $10 million estate as an “omitted spouse” under U.C.A., 1953, § 75-2-301. She claims the intestate share specified where “a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will. ... ” The district court granted the executor’s motion to dismiss appellant’s petition on the ground that she was not an omitted spouse because she was provided for in the testator’s will. (The court did not resolve…