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KATHY F. GOODWIN v. WILLIAM R. WEBB, JR., as Executor of the Estate of Claudius Kress Goodwin, Deceased.

Divorce — separation agreement — duress — acceptance of benefits — ratification

The decision of the Court of Appeals that the trial court erred by granting summary judgment for defendant as to plaintiff's ratification of a separation agreement is reversed for the reasons stated in the dissenting opinion that plaintiff was not under duress at the time she accepted all the benefits under the agreement and thus ratified the agreement and cannot now challenge its validity.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

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GOODWIN v. WEBB
(Mar 1, 2003)