Mary K. Heckaman - Page 12




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               And, in Johnson v. Johnson, supra at 516, the Indiana Court            
          of Appeals stated as follows:                                               
                    We believe that the legislature did not intend for                
               trial courts to retain jurisdiction over dissolution                   
               actions following the death of one of the parties for                  
               the purpose of resolving property matters between the                  
               parties and their successors in interest.  The property                
               settlement is part and parcel of a final decree of                     
               dissolution.  Once the marriage is ended by the death                  
               of one of the parties before the judgment is rendered,                 
               no final decree can be attained.  Without a final                      
               decree, there can be no property settlement.                           
               * * * [Citation omitted.]                                              
               Therefore, it follows that any obligation for support of the           
          payee spouse ceases with the death of such spouse.  Thus, we                
          think that an Indiana court would hold that Mr. Heckaman’s                  
          obligation to make the payments here in issue would have ceased             
          in the event of petitioner’s death because petitioner would not             
          have required any maintenance after her death (or required                  
          tuition or life insurance premium reimbursement with respect to             
          any period after her death).  The payments therefore are taxable            
          to petitioner pursuant to section 71.                                       
               To reflect our disposition of the disputed issue, as well as           
          respondent’s concession,                                                    


                                             Decision will be entered                 
                                        under Rule 155.                               








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