Mrs. Grace J. Linton v. United States

CAMERON, Circuit Judge.

The question presented by this appeal is whether the decision of the court below, sitting without a jury, was clearly erroneous in holding that appellant’s evidence failed to show that insured’s mental incapacity was a circumstance beyond his control as defined in the National Service Life Insurance Act, 38 U.S.C.A. § 801 et seq., so as to excuse his failure to apply, during his lifetime, for waiver of premiums provided for therein. The policy sued on had, under its terms as fixed by said Act, lapsed for nonpayment of premiums long before his death and this action could…