A constructive trust will arise and affect property acquisitions under circumstances where:
(1) a confidential relationship exists between the parties;
(2) retention of legal title by the holder thereof against another would be inequitable; and
(3) the existence of such a trust is essential to the effectuation of justice.
A constructive trust is a remedial device by which the holder of legal title to property is held to be a trustee of that property for the benefit of another who in good conscience is entitled to it.