Frost

Leona B. Frost brought this action on her own behalf and as administratrix of the estate of her deceased husband, James Burl Frost, to recover from the government (1) alleged disability benefits owing and unpaid to the deceased, and (2) the amount of a life insurance policy issued to the deceased in favor of the plaintiff as beneficiary. The policies were war risk _ insurance contracts, admitted by the government to he in force up to and including the last day of August, 1919. The question as to both insurances is whether the deceased was totally and permanently disabled on or before that date. If not, both policies lapsed then, fop nonpayment of premiums.

A verdict was found for plaintiff and judgment entered thereon. The government appeals from the judgment, urging as error the refusal of the trial court to direct a verdict in its favor, and also the admission of certain alleged incompetent evidence in favor of the plaintiff.

The material issue for our consideration, brought here by appropriate motions for directed verdict and seasonable exceptions, is whether plaintiff introduced sufficient evidence to warrant the jury in concluding that the insured was totally and…