James R. Smith v. Judie K. Smith

This is an appeal from the circuit court's denial of post-trial motions. Judie K. Smith (deceased) and James R. Smith (appellant) were divorced on September 5, 1989. The divorce was entered pursuant
to an agreement between the parties, which was incorporated into the decree. As a consequence of that agreement, the parties'
marital home was to be sold within six months and the proceeds of such sale were to be divided equally between them. Until
such time as the home could be sold, however, the deceased was awarded the exclusive right to reside therein.