Snavely

On December 27, 1907, plaintiff in error, in consideration of the sum of $164.*70 then paid, and a like sum to be paid in advance for each and every year for 20 years, issued to Arthur G. Snavely a 20-year life policy of insurance for $5,-000, payable in case of his death to Esta M. Snavely, his wife, the defendant in error, as beneficiary. The application for the insurance was made a part of the policy. The contract contained, among other things, the following provisions:

The insured defaulted in the second payment, due December 27, 1908, for more than 30 days, and did not pay the same until March 5, 1909; but upon such payment the policy was reinstated by the insurance company. In order to secure the reinstatement, the insured was required to and did sign what is denominated a “Certificate of Health and Revival Contract,” and among other things made declaration as follows:

*22 As a defense the insurance company set up that the reinstatement of the policy was consented to upon the strength of this certificate^ and'that the same was false, fraudulent, and untrue, in that the insured was then affii'cted with a serious malady, of which he subsequently died. The insured paid the…