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LINCOLN INCOME LIFE INSURANCE COMPANY v. MAYBERRY

No. A-8195.

347 S.W.2d 598 (1961)

LINCOLN INCOME LIFE INSURANCE COMPANY, Petitioner, v. Mattie P. MAYBERRY, Respondent.

Supreme Court of Texas.

May 17, 1961.

Attorney(s) appearing for the Case

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

Culver & Culver, Midland, for respondent.

CULVER, Justice.

This suit was brought on an insurance policy insuring the life of an infant female who died two days after the policy was issued and delivered. A jury found that the child was in sound health on September 1, 1958, the date of issue of the policy. The trial court entered judgment for the beneficiary, Mattie P. Mayberry, the mother of the child and the respondent here. The Court of Civil Appeals has affirmed. 341 S.W.2d 199

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