McFarland v. Franklin Life Insurance Co.

*468OPINION

FRASER, Chief Justice.

This is an appeal from a judgment of the District Court of Midland County, Texas which allowed recovery under an insurance policy but did not allow the damages, attorneys’ fees and costs of court under the provisions of Article 3.62, Insurance Code of Texas, V.A.T.S.

The appellee issued its policy of insurance on the life of one John V. McFarland on March 2, 1950. At that time the insured was either nine or ten years of age. The policy was taken out by his father, and named the father as beneficiary, if living, or Mrs. Gwendolyn McFarland (the mother) as contingent…