he wasn't in her in mind he wasn't in competent in any way instead this is based upon of my view here in relationship that arises as a matter of law  second wife the mother of the two children that are my client had been divorced from mr brant frazier for some time but in any event  this is about a case where the defendant stood by the mr brant frazier reciting his plan for the real estate that had been in this kids did not have to worry about the kids are you know thirty years old the brother is a grown man a businessman about the same age as the  admitted that he was not present when mr brant frazier delivered the deed to the defendant and he had no knowledge of any conversation between the brothers although he did state  that when he was asked whether his brother had asked him to leave property to the kids he told the deceit and to leave it to his directly if that's what he wanted to do that was his testimony a intentions are you saying the brother that said and i'm i'm forgetting his name john you know randy they're going to and are you saying that he kind of fact we asked him in his wishes are i mean does seem you wanted to go to the fifth just leave it to them directly i don't think that necessarily be the same if you leave it to me it's gone and they're never going to get it so i don't think it's necessarily a victory  i presume then with the payment of the taxes for brett's half interest and whatever else went with you know maintaining or keeping the property randy was just going on one of the issues that we have kind of a significant issue i think is the concept of the judicial admission and we sought to ask judge lewis to maybe i won't it doesn't have anything to do with i will leave this to your kids provided i don't have to use it for my own financial purposes now that consider the statements that were submitted in the form of the three or four page excerpt from depositions that were presented to the court at trial i don't know if your hon which then in turn leave the property to the kids now you know that there's probably a question in your owner's mind if if that was to be the entirety of the property or just the father's share happen mind based upon what was stated was that if he needed it for his financial support well that's the point i was making new me we all have different levels of need so to speak well that's true but i i think that to look at this in a reasonable manner it is i want this to go on and on in the very name if at all possible and up and there would have been no problems with predators and so i think that that was what is shown to have been in the mind of this person when he  sometimes i really don't see how that would be to be considered by the court that is a do no both you work to look at what the statement is and to make that determination so i believe that needed to be cleared up i could take just a moment to look at the first one those in february of two thousand and seven the plaintiffs his children and my client randy paine and spent time at this house staying there with him helping take care of him big conversation that is at issue in this said he met with his attorney norman conrad for estate planning purposes he met with him at this house for bob's million an hour during which time he talked about his assets and he talked about what he wanted to do to transfer his assets didn't want to go through the the will he wanted to do it in the least expensive manner and he also told attorney that he wanted to do it and you know that would be at least subject to challenge which leads us to understand that at some point he  was concerned that there might be a challenge to this transfer of this property it was then after that meeting which was a fascinating hour after the thanksgiving conversation that mr conrad regard to this transfer of the property is his conversations with the attorney norman conrad and this execution of this deed to this brother knowingly deliberately through his  that there was that they are not claiming any undue influence if there is no in undue influence in this case then the plaintiff claims were constructive tranced fail i think it is very interesting in this case that even if the court were to get to some point where the court wants to impose a constructive trust in this case the terms of the trends are not at all clear it would be very difficult to try and put together something and water in the face of frazier to execute some type of deed or more senseless deed to try and execute some type of france when the terms are not at all clear which just brings us back to the whole reason for the constructive trust when we look at the conversation at the hospital it is not entirely clear exactly which property is being discussed there was a statement the house and the land and stuff like that well the opposite conclusion is not apparent and the findings do not appear to be reasonable or arbitrary or not based on the evidence the trial court obviously spent some time in considering the evidence and in setting for with regard to the arguments made by plaintiffs as to the question and answer and which they objected to your say the trial court was very clear that it was admitting that testimony not of the truth of the matter agency relationship about a concrete barrier in addition the trial court did say in its judgment that even if it had first of all that that testimony didn't come in a trial and that even if it had looked at that as a judicial admission it would have changed its mind on it mr randy frazier reach the five you share a relationship when he said you know i don't have to give it to you unless i want to you know since i'm not quote verbatim but that's basically what he said situation where to see who can't do anything about it now has given property to someone that he trusted to do what they had discussed and and and now the man is not doing it and you know there's nothing that can be done at this point in time as i said the testimony is not that different from what the defendant says knew that if he said he would do something he would do it so i believe that the situation is a classic one or imposition of instructive try