Estate of Marcia P. Hoffman, deceased, Elisabeth Hoffman, Personal Representative - Page 16




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          death, and, further, that he did not intend to make any payments            
          to the estate under the guaranty.12                                         
               The estate also presented the testimony of Stephen Sessums             
          (Mr. Sessums), the attorney who represented Mr. Hoffman in his              
          divorce proceedings with decedent.  Mr. Sessums testified that he           
          participated in the drafting of the marital settlement and that             
          the guaranty obligation was intended to run personally to                   
          decedent and to terminate on her death.  He noted that the                  
          guaranty provision did not preserve the right to the guaranteed             
          payments for decedent’s heirs or assigns and that death was not             
          inserted into the agreement as a condition terminating the                  
          guaranteed payments because it was not contemplated that the                
          guaranties would flow to anyone else.  Mr. Sessums testified that           
          he believed that neither party intended for Mr. Hoffman to make             
          the guaranteed payments after the death of decedent and that the            
          guaranty provision was simply a backup for the alimony and was              
          intended to give decedent self-sufficiency.                                 
               Finally, the estate presented the testimony of Mark Ossian             
          (Mr. Ossian), one of decedent’s attorneys in her divorce                    
          proceedings.  Mr. Ossian testified that the guaranty obligation             
          of Mr. Hoffman was tied to the alimony provision and that the               
          whole intention of the guaranteed payments was to provide                   


               12We note that Mr. Hoffman is not a beneficiary of                     
          decedent’s estate.                                                          





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