Ethel Jacobson, Under the Last Will and Testament of Ralph P. Jacobson, Deceased v. Mutual Life Insurance Company of New York

HASTINGS, Chief Judge.

Ralph P. Jacobson, the insured, filed this action in 1957 in an Illinois state court against Mutual Life Insurance Company of New York, the insurer, to recover payments of disability income alleged to be due from 1952 under an insurance policy issued by insured on his life in 1931. Subsequently, the action was removed to the United States District Court for the Northern District of Illinois, Eastern Division. Before the district court both plaintiff and defendant filed motions for summary judgment supported by affidavits and plaintiff’s deposition. While these motions…