Matter of Estate of Bartell

MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Ernest Bartell died testate, but his will, executed before his marriage to Lola Bar-tell, did not mention her. Lola Bartell sought a declaration from the district court probating her husband’s estate that she is an “omitted spouse” within the meaning of section 2-301(1) of the Utah Uniform Probate Code and is therefore entitled to an intestate share of her husband’s estate. Utah Code Ann. § 75-2-301 (1978); see Utah Code Ann. § 75-2-102(l)(a) (1978). After a bench trial, the court found that Ernest intended to provide for Lola by transfers outside his…