TERRILL v. ESTATE OF TERRILL

No. 2005-CA-001669-MR.

217 S.W.3d 858 (2006)

William E. TERRILL, Appellant, v. The ESTATE OF Eleanor TERRILL, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 11, 2007.


Attorney(s) appearing for the Case

John L. Cox, Jr., Stanton, KY, for appellant.

Brian N. Thomas, Christopher M. Davis, Winchester, KY, for appellee.

Before BARBER and VANMETER, Judges; EMBERTON, Senior Judge.


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...

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