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decedent assistance for her support. He stated that once
decedent received the guaranteed payments during her lifetime,
her need for support would be decreased and her need for alimony
would be offset. Mr. Ossian testified that it was his
understanding that, upon death of decedent, Mr. Hoffman would not
be required to make any payments because the payments were only
for the support of decedent.
The marital settlement provides that the guaranteed payments
were to be made “to the Wife” and that “the Wife” would be
required to repay corporate distributions in excess of the
guaranteed payments. The guaranteed payments were connected with
specific alimony payments in a manner which allowed the amount of
the alimony payments to be reduced in the event that the
guaranteed payments were made. The portions of the marital
settlement relating to the alimony and guaranty obligation of Mr.
Hoffman are unclear because the guaranty obligation could either
survive decedent’s death, or terminate at the time of that event,
depending on how one reads the provision. The estate presented
testimony from three witnesses with personal knowledge of the
circumstances surrounding the negotiation and drafting of the
marital settlement. All three witnesses were credible and
consistent in their testimony that the intention of the parties
was that the guaranteed payments were to terminate on the death
of decedent. On the basis of the evidence in the record, we hold
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