Citizens' Mut. Life & Accident Ass'n of Texas v. Ragle

MARTIN, Justice.

The parties to this appeal will be designated as in the trial court.

Plaintiff sued defendant upon an insurance policy issued upon the life of her deceased husband. Her original petition described the policy as payable to her as beneficiary, and contained all necessary averments to properly state a cause of action in her favor against defendant upon such a policy. In reply thereto, defendant answered said petition by what it denominates a “plea in abatement.” In substance, such plea avers that defendant, at the special request of plaintiff’s husband, and prior to his death,…