Linda J. Baxter - Page 9




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               Ignoring irrelevant contingencies, reading paragraph 5 of              
          the agreement as a whole makes it apparent that Linda and Ray               
          intended for him to make the payments only while she lived there.           
          Because the agreement provided that the payments would terminate            
          upon the occurrence of contingencies other than Linda's death               
          (e.g., remarriage or relocation), a reasonable interpretation of            
          the provisions would lead to the conclusion that the payments               
          were for her support.  Obviously, at the time that the agreement            
          was entered into, Ray and Linda anticipated that the children               
          would reside with her at the marital home, but Ray's liability              
          was not dependent upon it.  Even after the children moved from              
          the house, Ray was required by local court order to continue the            
          payments.  We think it unreasonable to construe the agreement in            
          such a manner as to require that the payments continue in a                 
          situation in which Linda would move from the marital home, but              
          the children would remain.  Such a construction would be                    
          necessary to support Linda's position in this case.                         
               As we would expect the highest court of Arkansas would do,             
          we find that the most reasonable construction of the relevant               
          portion of paragraph 5 of the agreement leads to the conclusion             
          that the Linda and Ray did not intend for him to make the                   
          payments after her death.  That being so, Ray's liability to make           
          the payments pursuant to the relevant portion of paragraph 5 of             
          the agreement would not continue for any period after Linda's               





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