FRANKLIN LIFE INSURANCE COMPANY v. DURHAM

No. 3913.

351 S.W.2d 104 (1961)

FRANKLIN LIFE INSURANCE COMPANY, Appellant, v. Arch C. DURHAM et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 16, 1961.


Attorney(s) appearing for the Case

Garrison, Renfrow, Zeleskey, Cornelius & Rogers, Lufkin, for appellant.

Fenley & Fenley, William Drew Perkins, Lufkin, for appellees.


TIREY, Justice.

This is an appeal from a summary judgment. The action is one to recover the face amount of a life insurance policy brought by the devisees and legal representative of the beneficiary. The company defended on the ground that the insured effectively terminated the policy for surrender before his death. The court denied the motion for summary judgment filed by the company and granted the motion filed by the plaintiffs. The court held that appellees were...

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