Valley Forge Life Insurance Co. v. Republic National Life Insurance Co.

GUITTARD, Chief Justice.

This appeal presents the question of whether the presumption of the date of death of a member of the armed forces, as provided by the Texas Presumption of Death Act, Tex.Rev.Civ.Stat.Ann. art. 5541 (Vernon 1973), has been overcome by circumstantial evidence tending to show that death occurred at an earlier time. We hold that the presumption has been overcome and, accordingly, we reverse a summary judgment based on the presumptiom

The motion for summary judgment is based on a stipulation of facts from which the following statement is taken. The suit was brought on a…