Garrett v. Read

Sarah and John, each with children from prior relationships, executed nearly identical 1984 wills leaving everything to the survivor and then dividing the estate equally between both sets of children (with a predeceased child Gary's share passing to his own children); the attorney who drafted the wills testified the couple specifically intended to bind the survivor from altering the other spouse's children's shares, while allowing the survivor to alter their own children's shares. After John died, Sarah executed a new 1993 will leaving everything only to her own children, cutting out John's children entirely. Following Sarah's death, John's children sued, and Gary's children intervened, arguing the 1984 wills were contractual and Sarah's later will could not undo the bequest to John's children; the district court agreed, imposing a constructive trust in favor of John's children.