Camodeca v. Camodeca

RYDER, Chief Judge.

Peter M. Camodeca, the personal representative for the estate of Anthony Cam-odeca, deceased, appeals a final judgment in which the court found that the deceased fraudulently obtained $87,000.00 from Frank Camodeca in violation of their confi*663dential relationship and, therefore, imposed a constructive trust on the $87,000.00. We reverse.

On November 3, 1978, Anthony H. Cam-odeca signed a demand note in which he promised to pay the sum of $87,000.00 “to Frank Camodeea and/or Betty A. Camode-ea.” Anthony Camodeea died on December 16, 1981. On the date of his death, the…