Putnam v. Via

DANAHY, Judge.

In this case on the one hand there is a surviving spouse who has been declared to be a pretermitted spouse entitled to an intestate share in her husband’s estate. On the other hand there are the decedent’s five children and stepson who are the residuary legatees named in the decedent’s mutual will made in agreement with the decedent’s first wife, Joann, whose death ended, that first marriage. The decedent’s second wife and surviving spouse, Rachel, is the appellant and the residuary legatees under the mutual will are the appellees.

If the appellees receive the residuary estate,…