CHAPMAN v. C&S NAT. BANK OF S.C.

1528

302 S.C. 469 (1990)

395 S.E.2d 446

Robert H. CHAPMAN, Jr., Sally Quantz and Alice Ballenger, and Robert H. Chapman, Jr. and T. Sam Means, Jr., as Trustees under the Will and of the Estate of Robert H. Chapman, deceased, Appellants v. The CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA, as Trustee under the Will and of the Estate of Robert H. Chapman, deceased, The Citizens and Southern National Bank of South Carolina, as Executor under the Will and of the Estate of Laura Noell Carr Chapman, deceased, and Austin Heaton Carr and Charles Noell Carr, as Legatees, Devisees and Beneficiaries under the Will of Laura Noell Carr Chapman, deceased, Respondents.

Court of Appeals of South Carolina.

Decided July 23, 1990.


Attorney(s) appearing for the Case

Thomas E. McCutchen and Hoover C. Blanton, both of Whaley, McCutchen, Blanton & Rhodes, Columbia, and Frank A. Lyles, of Lyles, & Hammet, Spartanburg, for appellants.

James B. Drennan, III, of Drennan, Shelor, Cole & Evins, Alan M. Tewkesburg, Jr., and Paul B. Zion, both of Holcombe, Bomar, Wynn & Gunn, Spartanburg, for respondents.


Heard Feb. 19, 1990.

Decided July 23, 1990.

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 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...

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