Robert J. Sugarman - Page 10

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          and unambiguous, the Court "need only examine the writing."                 
          McMahon v. McMahon, 612 A.2d 1360, 1364 (Pa. Super. Ct. 1992).              
               Further proof that the payments were intended to be made for           
          24 months absolute is at page eight of the agreement which                  
          contains a clause labeled "AGREEMENT BINDING ON HEIRS" (binding             
          on heirs clause) that provides:                                             
               This Agreement shall be binding and shall inure to the                 
               benefit of the parties hereto and their respective                     
               heirs, executors, administrators, successors and                       
               assigns.                                                               
          Respondent argues that this provision (which also applies to the            
          addendum) provides that if Colleen died before the payments were            
          completed, her estate would have a claim upon the remaining                 
          payments.  Petitioner contends that this clause only provides               
          that the contract does not terminate upon death, but only the               
          rights that were intended to survive the death of one of the                
          parties would inure to the benefit of the other's estate.  If               
          petitioner's position was correct, and the binding on heirs                 
          clause did not address the payments due under the addendum, the             
          usefulness of such a clause would be eliminated.  Petitioner's              
          argument would lead to the proposition that if a given provision            
          is not explicitly referred to in a binding on heirs clause or               
          expressly written to continue after the death of one of the                 
          parties, then an intent inquiry must be made.  However, the                 
          contract provides that the benefits will inure to the parties'              
          respective heirs, executors, administrators, successors, and                





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