Mona Rutherford, of the Estate of Josephine McConnell Rutherford v. John Hancock Mutual Life Insurance Company

WIDENER, Circuit Judge:

This is an action brought on a policy of life insurance. 1 Mona Rutherford sues as executrix of the estate of Josephine McConnell Rutherford, the beneficiary of an insurance policy issued by defendant John Hancock Mutual Life Insurance Company on the life of Claude V. Grose. Following the death of Grose on April 22,1973, John Hancock refused to make payment on the policy on the ground that Grose had made material misrepresentations in his insurance application.

Plaintiff admits that the misrepresentations were made, but asserts that defendant is estopped from relying…