Terrill v. Estate of Terrill

OPINION

VANMETER, Judge.

A constructive trust is an equitable remedy imposed by a court when someone comes into possession of property which should belong to someone else. The issue we must address in this case is whether William E. Terrill’s frustration in failing to receive his expected inheritance from a paternal uncle and his wife rises to the level of inequity for which the court will supply such a remedy. We hold that it does not and therefore affirm the summary judgment of the Wolfe Circuit Court.

Jesse I. Terrill and Mae Cable Terrill, husband and wife, had two sons, Osa and Fred. The…