In Re McGarry's Estate

Proponent seeks to establish the existence of a nuncupative will of John J. McGarry, deceased. The cause was certified from the probate court to the circuit court, where proponent suffered adverse verdict directed by the court, and she brings error. The decisive question is directing a verdict.

In April, 1917, McGarry, not living with his wife, the proponent, and their child, whom she here represents as guardian, enlisted in the marine corps. He applied for and was granted a policy of war risk insurance in which he named his mother beneficiary and which policy was forwarded to her. The…