Sonneborn v. Chumley, 936 N.E.2d 602 (2010)

(married couple executed mutual wills that gave entire estate to survivor and then on survivor's death, one-half to the husband's children and one-half to the wife's children; wills also stated to be irrevocable on death of first of them to die; husband died and wife remarried and executed new will leaving her property to new husband if he survived and to her children and his children equally if she died first; wife sold first marital home after first husband's death (which they had owned in joint tenancy) and put sale proceeds in three separate CDs held in joint tenancy with her second husband; children of first husband sued to impose constructive trust on property; trial court ruled for wife and appellate court determined that because will did not restrict surviving spouse's use of property received from deceased first husband, children had no interest in spouse's property until she died; but, creation of jointly held CDs breached contract by removing them from her estate; case remanded so court could order wife to eliminate second husband's interest in CDs and enjoin wife from doing anything inconsistent with children's interest under contractual will (excluding expenses for her support)).