McDonald v. Barlow

ON REHEARING

This opinion supercedes our prior opinion issued January 24, 1985, which is hereby withdrawn.

WALTERS, Chief Justice.

Several months after a divorce decree had been entered, Frances McDonald commenced an independent action against her former husband, Kimber Ray Barlow. McDonald alleged that Barlow had fraudulently misrepresented during property settlement negotiations leading to the divorce the status and value of his interest in a trust. By an amended complaint, McDonald further alleged that income generated by the trust was community property not mentioned in or affected by the…