Succession of Troxler

A testator whose will leaves to his wife the entire disposable portion and to his four children only their forced portion unmistakably sets forth — beyond argument— that he does not want those four children to have their full intestate share of his estate if his wife survives him. Therefore, at least by inescapable implication, the testator has “declared in the testament” or made “testamentary provision” against applying a statutory rule which would give those four children an intestate share at the expense of the wife’s legacy.

The question is whether this testamentary declaration or…