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Robson v. Robson

United States District Court for the Northern District of Illinois
514 F.Supp. 99 (1981)


Facts

Raymond Robson, Sr. (Ray Sr.) (defendant) owned 50 percent of the outstanding shares of P.B. Services, Inc. His son, Raymond Robson, Jr. (Ray Jr.) owned the other 50 percent of the company’s shares. In 1975, Ray Sr. and Ray Jr. executed a contract that provided, among other things, for Ray Sr. to receive $1,000 per month from P.B. Services for the remainder of his life, and that upon Ray Sr.’s death, his widow would receive $500 per month for the remainder of her life. Additionally, the contract provided that upon Ray Jr.’s death, his widow would receive $500 per month for the five years following his death or until she remarried, whichever happened first. In 1977, Ray Jr. and his wife, Birthe Robson (Birthe) (plaintiff), separated. On February 21, 1979, Ray Sr. and Ray Jr. modified their contract by deleting the portion that provided for payments to Birthe. Ray Jr. died two days later from cancer. Birthe sued Ray Sr. for payment of $500 per month for five years as provided by the original contract. Both Birthe and Ray Sr. moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Aspen, J.)

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