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ESTATE OF LADD v. ESTATE OF LADD

No. 92-108.

640 A.2d 29 (1994)

ESTATE OF William A. LADD v. ESTATE OF Florence D. LADD.

Supreme Court of Vermont.

January 14, 1994.

Attorney(s) appearing for the Case

Mary G. Kirkpatrick, of Lisman & Lisman, Burlington, for plaintiff-appellee.

Joseph S. Wool, Burlington, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

The issue before the Court in this divorce action is whether the death of a party during the nisi period abates the divorce and nullifies the parties' agreement dividing the marital property. We hold that the divorce is abated, but the agreement is enforceable independent of the divorce order. Accordingly, we reverse the family court's refusal to abate the divorce and its entry of an order nunc pro tunc making the decree nisi absolute on the day before...

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