Byrd v. United States

PHILLIPS, Circuit Judge.

This is an action on a policy of war risk insurance issued to Earl W. Owens. It was. brought by Anna Marguerite Thomison, as administratrix of the estate of Earl W. Owens, deceased, and in her individual capacity as beneficiary under the policy. While the acfion was pending Thomison died and it was revived in the name of C. M. Byrd, as administrator de bonis non of Owens’ estate and as administrator of Thomison’s estate.

The petition contained two counts. In the first it was alleged that on March 29, 1918, Owens enlisted in the military service of the United States;…