Shoudy

This case and that of the same title numbered 1, Civil No. 4055, ante, p. 344 [ 203 Pac. 433 ], decided in this court November 25, 1921, were tried together and the appeals are before us upon the same transcript. In the opinion filed in said last-mentioned case the circumstances preceding and giving rise to the litigation are set out in some detail, but are not necessary to be gone into upon the present appeal.

The plaintiff is the divorced, wife of Dexter Shoudy, deceased, who in his lifetime took out a policy of life insurance with the Northern Life Insurance Company of Seattle for, the sum of five thousand dollars, and made said plaintiff the beneficiary thereof, delivering said policy to her. It contained a provision giving to the assured the right to change the beneficiary named therein by indorsement made by the company on the face thereof. Marital difficulties having arisen between himself and his wife, Dexter Shoudy substituted his sister as the beneficiary in said policy, and later made a second change, this time in favor of the defendant, whom he subsequently married. At the time of Shoudy’s death he had borrowed from the insurance company upon the security of the…