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Analyze the issue based on the following criteria:

  • Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
  • Identify the facts associated with the case and fact patterns.
  • Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case – be clear.
  • Support your decision with an appropriate rule of law.
  • Be prepared to defend your decision and to objectively evaluate the other points of view.

This appeal arises out of the trial court’s division of property in a divorce case. Vincent Simmons appeals from the trial court’s order awarding to his wife, Dorothy Simmons, a one- half interest in land that he had inherited from his parents. Vincent contends that the land is nonmarital prop-erty and, consequently, should have remained his separate property. Vincent and Dorothy Simmons were married in 1976. Vincent’s mother executed a trust in order to convey the land in Florida to her children, Vincent and his sister, upon her death. Louise Simmons died on April 1, 1999, but the land remained in trust for several years after her death. After Louise died, Dorothy became concerned that she would not receive an interest in the Florida land if Vincent died before the trust was distrib-uted, so she hired an attorney in Monticello, David Chambers, to prepare a document to protect her interest. In the document, Vincent states, in part, “ It is my intention, through this affidavit, to convey to my said wife marital interest in said real property. If I should die prior to the above- stated Trust being dissolved, then my said wife shall receive my share of said real property as her own property.” In 2003, Dorothy filed for divorce. Vincent argued that there was a total absence of consideration to support a contract in this case.

Dorothy argued that her ongo-ing marriage to Vincent constituted adequate con-sideration to support the contract. Who is correct? Why? [ Vincent Simmons v. Dorothy Simmons, 98 Ark. App. 12 ( Ark. Ct. App. 2007).]


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