Fenske v. Equitable Life Assurance Society

Mr. Presiding Justice Lewe

delivered the opinion of the court.

This is an action to recover the alleged cash surrender value of a life insurance policy. The facts in point of law at issue were submitted to the trial court as an agreed case under Rule 48 of the Supreme Court [Ill. Rev. Stat. 1949, ch. 110, par. 259.48; Jones Ill. Stats. Ann. 105.48]. The court found the issues in favor of defendant and entered judgment accordingly. Plaintiff appeals.

June 18, 1914, defendant, The Equitable Life Assurance Society, hereinafter called “Equitable,” issued a twenty-payment life plan policy for $20,000…