Brown v. Mutual Reserve Fund Life Ass'n

Findings—Ultimate and Probative Facts.—Where the ultimate facts are found against the plaintiffs, no finding of «probative facts in their favor will be permitted to control.

Id.—Life Insurance—Construction of Policy—Forfeiture for Failure to Pay Premiums.—Where a life-insurance policy provided for quarterly mortuary premiums payable upon notice, and for forfeiture for failure to pay after notice, with a proviso that in case of death after five years, within six months from the date of maturity of a mortuary call unpaid, the policy should be payable to the beneficiaries, and there was a continued neglect to pay quarterly calls, and death occurred after the lapse of five, years, and more than six months after the first default, and less than six months after the latest default,—the policy cannot be construed as relating to any other than the first default, and it must be ' deemed lapsed and forfeited as of that date, subject only to the right of the beneficiaries to demand payment, if his death had occurred within six months from that time.