Reference no: EM131675089

Question: 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 inherited from his parents. Vincent contends that the land is nonmarital property and, consequently, should have remained his separate property. Vincent and Dorothy Simmons were married in 1976. Vincent's mother executed a trust 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 distributed, so she hired an attorney in Monticello, David Chambers, to prepare a document to protect her interest. In the document, Vincent says, 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 fi led for divorce. Vincent argued that there was a total absence of consideration to support a contract in this case. Dorothy argued that her ongoing marriage to Vincent constituted adequate consideration to support the contract. Who is correct? Why?