Wickert v. Folk

Defendants claim that upon the record there was as a matter of law an accord and satisfaction which operated as a complete defense to plaintiffs’ action. This requires a consideration of the terms of a written instrument in addition to such surrounding circumstances as will make its execution understandable.

One William Buggs died testate on February 27, 1924. Defendant Ralph Folk was his grandson, and a beneficiary of his estate by virtue of a provision in his will requiring payment of $3,500 to Alma Folk, mother of defendant, and providing in the event of her death prior to the time of…