MAJORANA v. CONSTANTINE

No. 74-1185.

318 So.2d 185 (1975)

Hattie MAJORANA, Appellant, v. T. Joseph CONSTANTINE, As Guardian of Arthur R. Long, Incompetent, Appellee.

District Court of Appeal of Florida, Second District.

August 6, 1975.


Attorney(s) appearing for the Case

John T. Blakely, of Johnson, Blakely & Pope, Clearwater, for appellant.

Jerry C. Cobb, of Wightman, Rowe, Weidemeyer, Jones & Turnbull, Clearwater, for appellee.


GRIMES, Judge.

Arthur R. Long made certain gifts to his housekeeper. After Mr. Long was declared incompetent, his guardian brought suit to set the gifts aside. The court found that Mr. Long and the defendant had occupied a confidential relationship and that the defendant had failed to rebut the presumption of undue influence thereby created. The court imposed a constructive trust upon property which had been purchased by the defendant with the proceeds of the gifts...

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