Bongaards v. Millen
Supreme Judicial Court of Massachusetts
793 N.E.2d 335 (2003)
At the time of Jean Bongaards’ death, she was the life tenant of a trust established by her mother, Josephine. Jean had the power of appointment over the trust remainder as well as the right to terminate the trust during her lifetime and receive the assets free of the trust. Jean never exercised her power to terminate the trust and although Jean’s husband, George (plaintiff) survived her, Jean appointed the remainder of the trust to her sister, Nina (defendant). The trust assets included the apartment building, worth $1.4 million, where George and Jean had lived together. Jean also explicitly disinherited George in her will. George opted to take an elective share of Jean’s estate under G.L. c. 191, §15 and claimed that the trust assets should be included in the estate from which his elective share would be calculated. The case was ultimately appealed to the Supreme Judicial Court of Massachusetts.
Rule of Law
Holding and Reasoning (Sosman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.