Hibbard

This is an appeal from a judgment in favor of Calvin Hibbard upon his war risk insurance policy rendered in pursuance of a verdict to the effect that he was totally and permanently disabled from and after the 18th of March, 1919. Subsequent to the rendition of the judgment on October 6, 1934, the veteran died on October 25, 1934. On December 19, 1934, appellant suggested the death of plaintiff and prayed for the substitution of the widow and minor children of the deceased as parties plaintiff, alleging that there had been no proceeding instituted for the administration of his estate nor appointment of a personal representative of the deceased, and prayed the appointment of the widow as guardian ad litem for the children. The order of substitution did not appoint the widow as guardian ad litem in accordance with the prayer of the appellant. The widow had been appoinled administratrix of the estate of Calvin Hibbard, deceased, on December 17, 1934. On January 5, 1935, a petition for leave to appeal was presented by the appellant and allowed by the trial court and citation thereon was issued directed to Calvin Hibbard, the deceased. The amended citation on appeal was issued February…