Franklin Life Insurance Company v. Mildred Dumatrait Smithers

TUTTLE, Chief Judge.

This appeal from a judgment for the proceeds of an insurance policy tests the correctness of the trial judge’s decision that efforts made by the insured to surrender the policy had not been completed before his death. ,

Edward C. Smithers, on January 2, 1951, took out a policy having a face value of $5500 on his life. His wife, the plaintiff, was designated as the sole beneficiary. The policy provided that within sixty days after a premium was in default the insured had the right to elect to surrender the policy for the cash value thereof. Section L, paragraph 6, of the…