Aspinwall

A judgment was entered for appellees in an action brought' by them to recover benefits on a war risk insurance policy issued by the United States, insuring the life of Kenneth Aspinwall, deceased. The United States has appealed from the judgment.

Deceased entered military service on April 9, 1917, and on November 16, 1917, applied for and obtained a war risk term insurance policy on his life, in the amount of $10,000. Appellee Ellen Aspinwall, deceased’s mother, was named beneficiary therein. He was discharged from service on May 17, 1919. • Subsequent to June 1, 1919, he converted $1,000 of the term policy into a twenty-year endowment policy. Payment of premiums and the grace period were sufficient to keep the term policy in the amount of $9,000 in force until June 30, 1919. While on a trip from Salem, Oregon to Birmingham, Alabama, on which he started June 1, 1920, he died at Memphis, Tennessee on July 18, 1920.

In December, 1929, appellee Harold Aspinwall was appointed administrator of deceased’s estate in a state court in Oregon. On February 6, 1930, appellees filed a complaint in the court below, alleging that while the term policy was in full force and effect, deceased…