- 19 - event, the language of the respective wills does not lend assistance in determining the intent of decedent and Kathleen in executing the 1980 Deed of Separation. Kathleen's testimony at trial is of minimal assistance due to her limited recollection of events 14 years ago.6 A review of the chronological evolution of the drafts of the Deed of Separation and Kathleen's deposition testimony in early 1983 in the equitable distribution action provide the most probative and most contemporaneous construction of the Deed of Separation. There are two drafts and the final version of the life insurance paragraph of the Deed of Separation, numbered paragraph 12 in the final version and numbered paragraph 11 in the two drafts. In both drafts and in the final version, the first sentence recites that decedent had various life insurance policies of which Kathleen and/or the children were the beneficiaries.7 The second sentence in both drafts and in the 6 The testimony of the various lawyers involved in drafting the Deed of Separation, in drafting the 1984 and 1987 wills, and in prosecuting or defending the equitable distribution action was generally conclusory and not particularly informative on the critical issue in this case. None of them had any files or notes on the issue in this case. Mr. Frazier admitted he was simply a scrivener writing down the parties' wishes in the Deed of Separation and not representing either spouse. Mr. Johnson knew nothing about the Deed of Separation or the nature of the domestic matter his firm had handled for decedent. It is not clear that in 1984 and 1987 Mr. Johnson even knew about Kathleen's remarriage. 7 In fact the children were not beneficiaries of any of the policies at the time the Deed of Separation was executed or (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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