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COURT OF APPEALS OF VIRGINIA Present: Judges Coleman, Elder and Senior Judge Cole Argued at Salem, Virginia JAMES P. HART, III v. Record No. 0931-97-3 OPINION BY JUDGE SAM W. COLEMAN III MARCH 31, 1998

MARIE HOLT HART MARIE HOLT HART v. Record No. 0979-97-3

JAMES P. HART, III FROM THE CIRCUIT COURT OF ROANOKE COUNTY Roy B. Willett, Judge Charles B. Phillips (Phillips & Swanson, on briefs), for James P. Hart, III. William H. Cleaveland (Leisa Kube Ciaffone; Rider, Thomas, Cleaveland, Ferris & Eakin; Gentry, Locke, Rakes & Moore, on briefs), for Marie Holt Hart.

James P. Hart, III (husband) and Marie Holt Hart (wife) separately appeal the trial court's divorce decree and equitable distribution award. it: Husband contends the trial court erred when

(1) divided in kind real property titled jointly to both

parties; (2) designated a boundary line between two of the parcels different from the boundary recommended by the commissioner; (3) created joint easements of ingress and egress on the partitioned parcels and ruled that each party would bear the entire costs of maintaining the sections of such easements located on their respective tracts regardless of the extent of use by the other, their tenants, and licensees; and (4)

classified husband's Central Fidelity account as marital property and distributed one-half of the account assets to wife. contends the trial court erred when it: Wife

(1) calculated the value

of husband's separate share of a certain mortgage note; (2) failed to classify as wife's separate property certain money in a USAA bond fund which she claims she traced to money she inherited; and (3) estimated husband's contributions to the USAA bond fund when it divided the fund upon consideration of the factors under Code

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Virginia Law