[DOWNLOAD] "Betty Verdell Berry v. Lewis Dale Berry" by Supreme Court of Vermont # Book PDF Kindle ePub Free

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eBook details

• Title: Betty Verdell Berry v. Lewis Dale Berry
• Author : Supreme Court of Vermont
• Release Date : January 08, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

In March, 1980, Lewis and Betty Berry were divorced. The trial court awarded appellant Betty, one-half of respondent Lewis one-third partnership interest in Berry Brothers Farms, a family partnership operated as such since 1957. The court valued this one-half portion of the partnership interest at $42,000, and allowed lewis, at his option, to repurchase that interest in monthly payments over ten years at 12 percent interest. Shortly after the divorce decree was entered, Betty moved for an amended decree, which was entered, Betty moved for an amended decree, which was entered on May 20, 1980. It granted Betty a money judgment of $42,000 for one-half of the one-third interest in Berry Brothers Farms, with an option to Lewis to pay this amount over a ten year period at 12 percent interest. In Berry v. Berry, 635 P.2d 68, 70 (Utah 1981), the Supreme Court reversed this amended decree, holding that because of the defendants financial condition, "it is inequitable to award the plaintiff a judgment against the defendant for the value of the fractional partnership interest awarded to her, and that it is also inequitable to require him to purchase her interest on the terms imposed by the trial court."

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