GABL v. EQUITABLE LIFE ASSURANCE SOCIETY, 328 Ill. App. 128 (1946)

65 N.E.2d 240

Gen. No. 43,182. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed February 13, 1946 Released for publication March 8, 1946

INSURANCE, § 172[*] — when testimony preponderated in favor, of mental competency of insured as to change of beneficiary. Where complaint alleged that insured was of unsound mind when he changed name of beneficiary from plaintiff to his daughter, and it appeared that plaintiff introduced testimony of four witnesses as to mental competency of insured, whereas fourteen witnesses, including doctors and fellow employees of insured, testified for defendant that insured was of sound mind, held that testimony clearly preponderated in favor of defendant and order dismissing complaint was proper.

Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.

Affirmed. Heard in the third division, first district, this court at the October term, 1944.

John P. Carey, for appellant;

Mayer, Meyer, Austrian Platt, for appellee;

Miles G. Seeley, of counsel.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed February 13, 1946; released for publication March 8, 1946.

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