to exhibit c and d those are the two copies of the world's three cars those documents have never been produced what has been produced instead is a premarital agreement with only two of the can in this situation we have to exhibits that are in this city in the in those are supposedly the wills or copies of the worlds of alpha and jana smith but let's say that we have all the facts that we have in this case but we go and change one element of it which is instead of the missing these two exhibits are there or at least the will of the office nothing is there an written in big red letters on the first page of it is the word revote signed by alfred e smith would i take a different position here where i say it doesn't matter that document is there or it is not there no i will take exactly the same position that i'm taking here because the one we are trying to make is not that we are missing a procedure bill will the one that we are that's what the law tells us and agreement of the parties that is not complete cannot be enforced to construe well but again you said that he could offer or he could be told so why doesn't  in three different parts of the southern page pre marital agreement these exist soon the it's the parties that are telling us this is part of their brain that is the parties and they're telling us this is essential to understanding what their agreement was and even have further evidence in the record of the outside of the agreement itself if you want to go outside of the agreement gina specifically testified it was her understanding that these documents seen the were par that letter i can do anything i want i can rip it off the back of the you bring nothing in the agreement says then the agreement is of course we want to write those letters or documents off the back of this agreement that at some point taints the rest of this agreement me how do you get around the language saying i can change this can't change this piece but i can change everything else that's attached to it amend that agreement by taking the exhibits away or changing those exhibits and if they are gone we have to presume that they were removed by the parties to the through the marital gr of the car that we're talking about now come from trade in over two thousand three b n the only plus join the s s of janice and alfred and then the monthly payments there was a loan on the monthly payments on determine how it will be they will be distributed to in exchange for with the proceeds of is not on her property and partly with marital property if it was acquired during the marriage and these are the terms of our technical terms that are used in the arena in the cour fine a point on the key difference is the life and death that offered smith alfred smith was not entitle to a death benefit during the course of his wife or his wife's insurance policy obviously the don't think so i don't think there is anything in the agreement that tells us that or anything to the definition of the cash value and death of tells us that because cash value and death benefits while they relate to the same insurance policy are legally distinct the record what i do know is that it is part of his employee benefits and presumably paid for that way but i could not but i could cite you to a page that says that if there a in the first is that each of the two parties can't dispose of their known marital assets in any way in any way that they chose without interference from the other side the second part that was key to the face of this allows either party to dispose of the property anything they want and when they want subsequent to the marriage in the fact the point in getting to this is quite telling that alfred smith after he read it took about ten sentences if certainly impact then said this alone and he said presently i have a life a state for the benefit of my spouse in this will and i think what he was trying to do with this document is try to get across that he could document big gives her a life estate or any other interest in the real estate he die intestate and the real thing the deeds were one hundred percent undisputed and clear that they were in his name they were never shaved they were his  property and go into the marriage and with this agreement says i want to be able to control the disposition of where i live in my two properties after i die and or i don't know that he was thinking about dudley really in the event of divorce so it was clear that his intention was that he can do whatever he wants with his property because he was one would assume that people do prepare for this mostly to plan for divorce but you always include provisions in the event of passing in the event of passing gap and so your position is if i take it down or not marital property and buy a mcmansion the debt now becomes not marital property even though marital property is used to pay for it pay the mortgage paid taxes sick basically your position this is not my position my position is there when he purchased the car it was a forty seven thousand dollars car and he put ten thousand dollars into a title business in his old age it was his intention to keep it a separate non he was still alive so all he was doing in the act disclosed is disclosing the fact that he had a life insurance policy he could have listed the life insurance policy and the policy one two three four and put no value or put in trying or  dollars cash really and never disclose his assets then one can say she didn't know the bargain she was get into enlisting the s s and so the point is he disclosed all the answers to the best that he could at the time of the and there's the burden of proof one final point paragraph eight of the three maryland remove this is with respect to the disposition of the car counsel very interesting we read almost all of her fate be left off the final sentence for some reason which says acquired during the marriage show you deem to be very proper well that's the car that's the b m w we can see that it was acquired partially with his non marital property