- 16 - consideration in money or money's worth * * * ". Sec. 2053(c)(1)(A). Respondent has disallowed the estate's deduction of $100,000 on the ground that decedent was under no obligation on the date of his death to pay Katherine such an amount.5 The estate argues that decedent was obligated to provide Kathleen with at least $100,000 of insurance proceeds until such time as she remarried and all three children had reached age 21. Respondent argues that under the Deed of Separation, decedent was obligated to maintain Kathleen as beneficiary only until she remarried. Alternatively, respondent argues that the Consent Judgment and Release of All Claims executed on August 3, 1984, settled all marital property rights and terminated decedent's obligation under the Deed of Separation to name Kathleen as beneficiary. We are faced with the task of construing the life insurance provisions in the Deed of Separation in accordance with North Carolina law. The construction of a separation agreement is governed, in general, by the rules and provisions applicable in the case of other contracts. Bowles v. Bowles, 237 N.C. 462, 465, 75 S.E.2d 413, 415 (1953). The heart of a contract is the intention of the parties which must be determined from the language of the contract, the purposes of the contract, the subject matter, and the situation of the parties at the time the 5 Respondent does not dispute the adequacy of consideration for the promises contained in the Deed of Separation.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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