Glass v. Glass

PEDERSON, Justice.

The only issue before this court on this appeal is whether or not a finding of fact is clearly erroneous because it finds that the present value of a teacher’s retirement annuity is less than that agreed upon by the parties. We hold that the finding of fact is clearly erroneous and that the whole question of equitable property division in this case must be retried.

Elizabeth Glass sued James C. Glass for a divorce. The matter was referred to a referee where all issues were settled except property distribution. It appears that the trial court heard testimony on January 28,…