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MYERS v. MYERS

408 A.2d 279 (1979)

Robert Kellock MYERS, Individually and as Co-Executor of the Estate of Anne S. Myers, Deceased, and Vincent A. Theisen, as Co-Executor of the Estate of Anne S. Myers, Deceased, Plaintiffs Below, Appellants, v. Jane D. MYERS and Wilmington Trust Company, Co-Executors of the Estate of Robert C. Myers, Deceased, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided October 5, 1979.

Attorney(s) appearing for the Case

John G. Mulford and William S. Gee, of Theisen, Lank, Mulford & Goldberg, Wilmington, for plaintiffs-appellants.

Donald W. Booker, Wilmington, for defendants-appellees.

Before HERRMANN, C. J., DUFFY and HORSEY, JJ.

HERRMANN, Chief Justice:

This is an appeal from the Court of Chancery's grant of summary judgment in favor of the defendants in an action for specific performance of a provision of a separation agreement entered into in 1963 between Robert C. Myers and his wife Anne.

I.

Paragraph 11 of the agreement, the provision in controversy, stated:

"11. The husband agrees to maintain the life insurance presently...

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