Robson v. Robson

514 F.Supp. 99 (1981)

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Nature of the Case

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Facts

Jr. and Sr. had a company, and they entered into a contract to establish a retirement plan for Sr. and to provide ownership of their stock in the eventuality of their deaths. The contract provided that Jr. was to operate the company and Sr.'s only compensation was $1,000 per month for the duration of his life. If Sr. died, the stock would become the property of Jr. who was then obligated to pay Sr.'s spouse for the duration of her life. If Jr. died, his shares were to become the property of Sr. with the obligation to pay Jr.'s wife $500 per month for five years or until remarriage. After the execution of the contract, Jr., and W experienced marital problems and W separated from Jr. and filed a petition for divorce. Jr. and Sr. modified the contract deleting the portion that pertained to Jr.'s wife. Two days later Jr. died of cancer. Robson (W) (P) seeks enforcement of the $500 per month provision. D filed for summary judgment.