United States v. Marguerite May Donaldson and Elmira Donaldson Lucker

This is an appeal by the United States from a judgment for the plaintiff, Marguerite May Donaldson, in an. action brought to recover the proceeds of a National Service Life Insurance policy. Plaintiff is the mother of the deceased insured. The other appellee, Elmira Donaldson Lucker, is the widow of the deceased insured, and was permitted to intervene in the action. Appellees have, by agreement, settled their respective rights in the policy.

The principal question for determination here is whether the failure of the insured to make timely application for waiver of premiums was due to circumstances beyond his control. The trial court held that it was.

The policy, in the sum of ten thousand dollars, was issued to the insured, Allen Perry Donaldson, on August 6, 1943, while he was in the service of the United States Naval Reserve. In September, 1943, Donaldson was hospitalized for a condition which was then diagnosed as Hodgkin’s disease, said to be an invariably fatal illness. He was discharged to limited duty in January, 1944. However, in July, 1944, after a re-examination, the Navy classified his ailment as lymphadenitis cervical, a curable condition. He was then returned to…