Johny Desauguste - Page 8

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          Morgan v. Commissioner, supra at 80; Lucas v. Earl, 281 U.S. 111             
          (1930).                                                                      
               The June Agreement does not explicitly order that payments              
          terminate upon Mrs. Desauguste’s death, and, thus, the Court                 
          examines Florida law to determine whether the payments would                 
          terminate by operation of Florida law.  Hoover v. Commissioner,              
          supra at 847.  When examining a matter of State substantive law,             
          the Court will look to a State’s highest court to determine the              
          rights of parties under State law.  See Commissioner v. Estate of            
          Bosch, 387 U.S. 456, 465 (1967).                                             
               The Supreme Court of Florida has clearly stated that “By                
          weight of authority and in this state, alimony * * * terminates              
          upon the death of either of the parties or upon the remarriage of            
          the wife.”  In re Estate of Freeland, 182 So. 2d 425, 426 (Fla.              
          1965); see also O’Malley v. Pan Am. Bank, 384 So. 2d 1258 (Fla.              
          1980); Canakaris v. Canakaris, 382 So .2d 1197 (Fla. 1980).  The             
          Supreme Court of Florida has determined that an exception to this            
          general rule applies where there is a contract or an agreement               
          clearly evidencing the intention of the husband to bind his                  
          estate to continue payments in the nature of alimony after his               
          death.  In re Estate of Freeland, supra at 426; see also O’Malley            
          v. Pan Am. Bank, supra at 1260.                                              
               Respondent argues that the provision in the June Agreement              
          stating that the agreement was binding on the “heirs” of the                 






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