Matter of Estate of Adamee

SHARP, Chief Justice.

It is well settled in our law that a separation agreement between husband and wife is terminated for every purpose insofar as it remains executory upon their resumption of the marital relation. Tilley v. Tilley, 268 N.C. 630, 151 S.E. 2d 592 (1966); Hutchins v. Hutchins, 260 N.C. 628, 133 S.E. 2d 459 (1963); Jones v. Lewis, 243 N.C. 259, 90 S.E. 2d 547 (1955); 2 Lee, Family Law, § 200, p. 418 (1963). As Justice Brogden noted in State v. Gossett, 203 N.C. 641, 643, 166 S.E. 754, 755 (1932), the heart of a separation agreement is the parties’ intention and agreement to live…