Montgomery's Estate

Opinion by

Mr. Justice Frazer,

These two appeals involve the same questions, were argued together and will be disposed of in one opinion.

In 1912, two brothers, Marshall Montgomery and Henry S. Montgomery, procured from a life insurance company a joint life policy for an insurance of $20,000, payable to the survivor of either. The yearly premium was $1,540.80, less earned dividends. From 1912 to 1919 the premiums were regularly met by each of the co-insured paying one-half of the amount. Upon the premium for 1919 falling due, Henry refused to pay his one-half, and thereafter paid no portion of…