Markwica v. Davis

— Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered June 14, 1983 in Essex County, which denied plaintiffs’ motion for summary judgment. Ten years before his death on June 22, 1980, decedent John Markwica incorporated a provision into his separation agreement which is the subject of this appeal. It was provided in paragraph number 6 of the agreement that “[t]he husband agrees that he shall continue the children as beneficiaries on any and all life insurance policies he now owns”. After his subsequent marriage to defendant, decedent, on May 10, 1975, in direct…