If [the Testator] fails to provide by will for a surviving spouse, who married [the Testator] after the execution of the will, the omitted spouse shall receive the same share of the estate that would have been received if [the Testator] left no will unless:

1) it appears from the will or other evidence that the will was made in contemplation of [the Testator’s] marriage to the surviving spouse;

2) the will expresses the intention that it is to be effective notwithstanding any subsequent remarriage; or

3) [the Testator] provided for the spouse by transfer outside the will, and the intent that the transfer be instead of a testamentary provision is shown by statements of [the Testator] or from the amount of the transfer or other evidence.

[In this case, there is nothing in [the Testator’s] will that indicates that the omission of [the surviving Spouse] was intentional. [Petitioners] contend that [the surviving Spouse] does not qualify for an intestate share under the foregoing provision of the law because [the Testator] provided for [the Spouse] by transfers of property outside the will and with the intent that the transfers be in lieu of a testamentary provision as shown, not by statements of [the Testator], but from the amount of the transfers or other evidence. This contention of [the Petitioner] is refuted by [the surviving Spouse] thus presenting the issue of [the Testator’s] intent for your determination.

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