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LINCOLN INCOME LIFE INSURANCE COMPANY v. MAYBERRY

No. 5434.

341 S.W.2d 199 (1960)

LINCOLN INCOME LIFE INSURANCE COMPANY, Appellant, v. Mattie P. MAYBERRY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 14, 1960.

Attorney(s) appearing for the Case

Turpin, Kerr, Smith & Dyer and Max N. Osborn, Midland, for appellant.

Culver & Culver, Midland, for appellee.

ABBOTT, Justice.

This was a suit on a non-medical life insurance policy. The insurance application was taken on August 15, 1958, covering an eight-day-old female child, and naming appellee as beneficiary. At the time of the application, the child was in good health. A weekly premium of 46 cents was collected at the time of the application; another premium paid on August 22, 1958, and the third premium paid on September 1, 1958. The baby was admitted to a hospital...

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