Burr

This is an appeal from a judgment of the District Court after trial upon a stipulation which agreed on the facts and waived jury. Judgment denied recovery upon a contract of insurance executed by the appellee insurance company and insuring the deceased husband of appellant. The stipulated facts are that on or about September 19, 1928, the appellee issued to Leo E. Burr, husband of appellant, at Chicago, 111., a ten-year term policy of insurance upon his life in the principal sum of $10,000, numbered 406287, to which was attached the application of the insured. The premium on the policy in the sum of $143.23 was paid annually to the insurance company. On or about the 8th of October, 1931, the insured executed and delivered to appellee a written request for conversion of the term policy to that of an ordinary life. The conversion was made-. To the converted policy was attached the original application and medical report. The application and medical report bore the number of the original ten-year term policy, 406287, the ordinary life policy bearing number 492515. The ordinary life policy was likewise delivered to the insured at Chicago, 111., and retained by the insured until his…