In re the Estate of Green

MILLER, Chief Justice.

This appeal arises from an order for distribution under a constructive trust imposed on the estate of Carrol Green after a determination that her will violated a contract contained in a prior joint will. We affirm.

FACTS

Miles and Carrol Green, husband and wife, executed a joint will in June, 1964. Provision III declared that the survivor of the two would be entitled to all of the real, personal and mixed property they possessed and that the survivor “shall have absolute power and right to dispose of said estate as she or he may deem proper.” Provision IV of the will…