The appellant, the second wife and estate trustee of the deceased, appealed a trial decision ordering the estate to pay the deceased's first wife a shortfall in life insurance proceeds.
The separation agreement between the deceased and his first wife required him to maintain a $100,000 life insurance policy for her benefit until she turned 65.
At his death, the policy only designated $43,507.15 for her.
The appellant argued the insurance was merely security for spousal support, which had declined.
The Court of Appeal dismissed the appeal, holding that the separation agreement unambiguously created an independent obligation to maintain the full $100,000 policy, and the trial judge correctly excluded extrinsic evidence of the first wife's subjective understanding.
