A husband and his wife had been married for 30 years and had one adult son. The husband and the wife agreed that each would make a will leaving his or her entire estate to the other, and in the event that one predeceased the other, the entire estate, including any inheritance received from the other spouse, would be left to the son. The husband, the wife, and the son visited a lawyer, who prepared wills for the husband and the wife which carried out their testamentary intentions. The lawyer also prepared an agreement which was signed by the husband and the wife in which each promised not to change the alternative testamentary disposition benefiting the son. The son, who was present during the execution of the documents, was asked by the husband and the wife if he agreed to the estate plan. He replied “yes.”
Shortly thereafter, the wife died. After collecting his distribution of the estate, the husband moved in to live with his high school sweetheart. The husband then made a new will leaving his entire estate to his high school sweetheart.
If a bank, as the executor of the wife’s estate, learns of the husband’s new will and sues the husband, the bank will:
A. Recover nothing, because the estate has suffered no damage.
B. Recover damages in the amount of the wife’s estate which was paid over to the husband.
C. Obtain no relief at that time, but a constructive trust may be imposed on the husband’s estate if he dies and fails to perform his agreement with the wife.
D. Recover nothing, because the estate is not a proper plaintiff.
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