Linda J. Baxter - Page 7




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          that terminates that obligation ("This obligation to continue               
          making these house payments would terminate should * * * [Linda]            
          and the * * * children move from * * * [the marital home]").                
          (Emphasis added.)  Furthermore, Ray was obligated to pay for                
          reasonable yard maintenance for the marital home "during * * * [a           
          specified period] or until such time as * * * [Linda] should move           
          therefrom with the * * * children or remarry, whichever is                  
          shorter." (Emphasis added.)                                                 
               As long as the children resided in the marital home, one               
          construction of the above language would require Ray to make the            
          payments regardless of whether Linda continued to live there.               
          Under this construction, Linda's death would be of no                       
          significance.  On the other hand, if the children moved from the            
          marital home, which they did in 1994, Ray's obligation to make              
          the payments would only continue as long as Linda continued to              
          live there, which, obviously, she could not do after her death.             
               Because paragraph 5 of the agreement does not expressly                
          address Ray's liability to make the payments in the event of                
          Linda's death, we look to Arkansas law in order to determine his            
          liability in that regard.  See Sampson v. Commissioner, 81 T.C.             
          614, 618 (1983), affd. per curiam without published opinion 829             
          F.2d 39 (6th Cir. 1987).                                                    
               In Arkansas, "Questions relating to the construction,                  
          operation, and effect of separation agreements between husband              





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