Fennell v. John Hancock Mut. Life Ins. Co.

SIMPSON, Justice.

Appellant sued appellee upon a life insurance policy insuring the life of John Allison Fennell, Jr-., her intestate, the poli..cy having been made payable to his estate. .The court directed a verdict for the defendant and the plaintiff has appealed.

The facts are: Defendant issued a policy of life insurance on the life of decedent January 25, 1935, and the insured died January 25, 1948. However, on January 17, 1948, insured went to the office of the company’s general agents in Birmingham and signed an election to surrender the policy for its cash value, the instrument of…