Chapman ex rel. Will & of the Estate of Chapman v. Citizens & Southern National Bank ex rel. Will & of the Estate of Chapman

Gardner, Judge:

In this action the plaintiffs seek, inter alia, to have a constructive trust imposed upon the subject property because of an abuse of a confidential relationship which existed between Robert H. Chapman, Sr., now deceased, and his second wife and widow, Laura Noell Carr Chapman, now deceased. The appealed order did not address the existence of a confidential relationship between Mr. and Mrs. Chapman nor did it address the effect that a confidential relationship between them would have had on the results of this case. The appealed order relying, erroneously, we hold, on the case…