Appeal from the Order of the Court of Common Pleas, orphans Division, of Montgomery County at No. 86-802.
Dean R. Phillips, Philadelphia, for appellant.
G. Michael Green, Havertown, for appellee.
Cavanaugh, Olszewski and Melinson, JJ.
[ 375 Pa. Super. Page 352]
This is an appeal from an Order of the Court of Common Pleas of Montgomery County, sitting en banc, sustaining Consuello Myers's exceptions to an Orphans' Court adjudication, and directing Patricia Myers, the administratrix of Robert Myers's estate, to pay Consuello Myers Forty-eight Thousand and Twenty Dollars ($48,020.00) plus interest payable from July 17, 1985. We affirm.
Robert L. Myers, Jr. (hereinafter "Robert"), the decedent, and Consuello Myers (hereinafter "Consuello"), the appellee, were married on March 17, 1951. During the course of the marriage, the decedent purchased a life insurance policy from the National Automobile Dealers Insurance Trust (NADIT) for One Hundred Thousand Dollars ($100,000.00). Consuello was named as the beneficiary. Several years after the NADIT policy became effective, Robert and Consuello separated. During their period of separation, they
[ 375 Pa. Super. Page 353]
executed a property settlement agreement which provided, in pertinent part:
1. Husband relinquishes his inchoate intestate rights in the estate of wife and wife relinquishes her inchoate intestate right in the estate of husband.
2. Husband upon the execution of this agreement agrees to pay wife the total sum of One Hundred Twenty Three Thousand One Hundred (123,100.00) Dollars to settle and determine the obligation of support and maintenance of the wife by the husband, which will be paid as follows:
b. The sum of One Hundred Fifty (150.00) Dollars per week for a period of fifty-two (52) weeks from the date of this agreement, and each year thereafter for a period of nine years the weekly support payments shall increase by the sum of Fifteen (15.00) Dollars per week each year for a total period of ten (10) years or Five Hundred Twenty (520) weeks.
c. Should wife die or remarry during the aforementioned ten (10) year period over which support payments are to be made then all payments shall cease as of the date of death or remarriage of the wife. If husband should die during the term of this Agreement, then the husband's estate will be responsible for ...