In re the Estate of Bardol

Claimant appeals from an order of Surrogate’s Court determining that her support payments pursuant to a separation agreement terminated with the death of her husband. The sole issue presented relates to the intent of the parties at the time the agreement was executed.

Claimant and her former husband were married in 1948. In 1967 they entered into a separation agreement which included among its provisions a requirement that the husband pay claimant $15,000 annually until her death or remarriage. It also provided "That the husband agrees that in order to secure the wife and the children adequate…