National Life & Accident Ins. Co. v. Ellis

NORVELL, Justice.

Bessie Ellis, appellee, brought this action against the National Life & Accident Company, appellant, seeking a recovery upon certain life insurance policies executed by appellant upon the life of Myrtle Brown. Appellee was named as beneficiary in said policies.

Appellee relied upon Article 5541, Vernon’s Ann.Civ.Stats., to establish the death of Myrtle Brown. This article reads as follows: “Any person absenting himself for seven years successively shall be presumed to be dead, unless proof be made that he was alive within that time; but an estate recovered on such presumption,…