Ernest v. Chumley

Robert and Dorothy Sonneborn executed mutual wills in 2000 leaving each other's property to the survivor, with the survivor's estate ultimately split evenly among both sets of children, and the survivor's will becoming irrevocable upon the first spouse's death. After Robert died in 2003, Dorothy drafted new wills favoring her own children and then her new husband, Chumley (defendant); Robert's children, Deborah and John (plaintiffs), sued to enforce the 2000 will as irrevocable and to impose a constructive trust, including over the couple's jointly owned home. While the suit was pending, Dorothy sold that jointly owned home and placed the proceeds into CDs held jointly with Chumley. The trial court found the 2000 will irrevocable but denied the constructive trust request; Deborah and John appealed.