Estate of Robert Wellford Lineweaver, Deceased, North Carolina Trust Company, Executor - Page 22

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          In the final version that the parties executed, the "After the              
          divorce" sentence read as follows:                                          
               After the divorce, Mrs. Lineweaver shall, until she                    
               remarries, remain the beneficiary of life insurance                    
               policies providing regular coverage (as opposed to                     
               double indemnity) in an amount of not less than                        
               $100,000.00, with the beneficiaries of the remaining                   
               life insurance policies being the children, provided                   
               however that Mr. Lineweaver has the right to designate                 
               someone other than the children as beneficiaries of                    
               policies providing regular coverage (as opposed to                     
               double indemnity) of up to $100,000.00.  [Emphasis                     
               added.]                                                                
          The evolution of this third sentence of the life insurance                  
          paragraph clearly shows that Kathleen was to remain a beneficiary           
          of policies after the divorce and "until she remarries".10                  
               Contrary to that clear "until she remarries" language in the           
          third sentence, the estate argues that the fourth sentence of the           
          life insurance paragraph imposes two conditions for the                     
          termination of her right to be named as a beneficiary on                    
          insurance policies in an amount of at least $100,000; namely both           
          her remarriage and having all three children reach the age of 21.           
          The Court finds this to be a strained and illogical reading.  In            
          the early draft where Kathleen was not a beneficiary at all after           
          the divorce, the proposed fourth sentence read:                             


          10  Much of the confusion at trial on the part of counsel                   
          for both parties and the Court was caused by a collective failure           
          to consider the evolution of the language of this third sentence.           
          The Court found confusing and ambiguous the final "provided                 
          however" clause because its derivation was not clear to the Court           
          during the trial.  The Court did not find confusing or ambiguous            
          the "until she remarries" language.                                         




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