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services to Unifi, Inc. (Unifi), a corporation of which decedent
was then the president. Mr. Frazier informed the couple that if
the separation was other than voluntary, Kathleen should consider
obtaining separate counsel due to his position as Unifi's
attorney.
Mr. Frazier prepared the Deed of Separation which decedent
and Kathleen executed on December 1, 1980. He considered himself
to be the scrivener of the Deed of Separation, drafting the
document according to the parties' wishes, but not representing
either party individually. Mr. Frazier had prepared at least two
earlier drafts of the Deed of Separation.
Deed of Separation
The Deed of Separation granted Kathleen custody of the
children. Decedent agreed to provide Kathleen, until the time of
their divorce, with a monthly maintenance allowance of $2,500 for
the support of herself and the children. Decedent agreed to pay
child support of $1,500 per month after the divorce; this amount
would increase to $1,800 per month on December 2, 1983.2 The
2 However, this $1,800 amount would be reduced as follows:
when Kelly reaches the age of eighteen (18) years, and
has completed or no longer is attending high school,
the monthly payments shall be reduced to $1,500.00 per
month, when Kathryn reaches the age of eighteen (18)
years, and has completed or no longer is attending high
school, the payment shall be reduced to $1,000.00 per
month, and when Allison reaches the age of eighteen
(18) years, and has completed or is no longer attending
high school, these support payments for said children
(continued...)
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