Mills

An ex-serviceman, Bernard Kopf, died from injuries suffered in an automobile accident. He held two policies of insurance for the benefits of which his widow, plaintiff-respondent (hereinafter Shirley) and his parents, defendants-appellants (hereinafter collectively “parents”) advanced conflicting claims.

The question on this appeal is whether an agreement compromising these claims is binding upon the parents. Their contention is that it is not, because the mother was incompetent and the father was acting under “undue influence” when the agreement was signed and that their acts are therefore void. More accurately stated, the contention of the parents seems to be that they may avoid the obligations of the contract. They have been willing to, and have, accepted all of its benefits.

The trial court denied the parents’ contentions. We agree with the holding of the trial court.

Bernard and Shirley were married March 23, 1954. Bernard, a member of the Armed Forces, was sent overseas two weeks later. Returning to the United States, he was discharged from the service in October 1955. On November 27, 1955, he was in an automobile accident, receiving injuries from which he died December…