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BROWN v. LaPRADE

No. CV-96-0543-PR.

941 P.2d 1268 (1997)

189 Ariz. 243

Roy A. Brown, as Personal Representative of the Estate of Arthur T. LaPrade, Jr., Appellant. In re the Marriage of Arthur T. LaPRADE, Jr., Petitioner, v. Sarah Jane LaPRADE, Respondent/Appellee.

Supreme Court of Arizona, En Banc.

July 8, 1997.

Attorney(s) appearing for the Case

Norling, Kolsrud, Sifferman, Svejda & Davis by Mark D. Svejda, Phoenix, and Betterman & Katelman by W. Patrick Betterman, Omaha, for Roy A. Brown.

Sacks Tierney, P.A. by Candess J. Hunter, Phoenix, for Sarah Jane LaPrade.

OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

On March 8, 1976, Sarah Jane LaPrade ("Wife") and A.T. LaPrade, Jr. ("Husband") entered into a Separation Agreement ("Agreement") regarding property settlement and spousal maintenance. The Agreement expressly provided that Husband and Wife could modify the Agreement if the modification was in writing and signed by the parties. The Agreement also provided that if the parties pursued a divorce...

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