"The plaintiff, New York Life Insurance Company, is engaged in the life insurance business, and on June 28, 1927, it issued its Policy No. 9907935, in the face amount of Two Thousand Dollars ($2,000.00) on the life of Joseph L. Roe, now deceased. On April 26, 1929, it issued its Policy No. 10548585 in the amount of Eight Thousand Dollars ($8,000) on the life of Joseph L. Roe, deceased. On January 9, 1930, it issued two policies, No. 10936228 and No. 10936229, each in the amount of Five Thousand Dollars ($5,000) on the life of Joseph L. Roe, deceased. Copies of said policies are attached hereto, made parts hereof, and marked Exhibits `A', `B', `C', and `D'. The proceeds of all of the aforesaid policies were made payable to the estate of the insured. On the 8th day of April, 1937, he executed trust agreements whereby the proceeds of all of the said policies should be paid to New York Life Insurance Company, as Trustee, for the benefit of the defendants, Lorraine Roe, wife of the insured, Lorraine Roe, Mary Roe and Joseph L. Roe, Jr., children of the insured. Three separate trust agreements were executed. Copies thereof are attached, made parts hereof, and marked Exhibits `E', `F', and `G'. Each of said trust agreements controls the distribution of one third of the combined proceeds of the four policies above described. Each of said trust agreements provides that upon receipt of proofs of death, there should be paid to Lorraine Roe, wife of the insured, the sum of Six Hundred Sixty-Six and 66/100 Dollars ($666.66), making a total payment under the three trust agreements of Two Thousand Dollars ($2,000). Each of the said trust agreements provides that one month after the receipt of proof of death, and each month thereafter, New York Life Insurance Company, as trustee, should pay to Lorraine Roe, wife of the insured, the sum of Thirty-Three and 33/100 Dollars ($33.33), or a total payment of One Hundred Dollars ($100), and that such payments should be continued until the trust funds and the interest thereon should be exhausted. It is further provided in said trust agreements that if Lorraine Roe, wife of the insured should die prior to the exhaustion of the principal sum and the interest thereon, then monthly payments of Thirty-three and 33/100 Dollars ($33.33) each should be made to the defendants, Lorraine Roe, daughter of the insured, Mary Roe, daughter of the insured, and Joseph L. Roe, Jr., son of the insured, until the principal sum and the accrued interest has been exhausted.
"It is further provided in each of said trust agreements that if the double indemnity benefits should become payable under the policies above described, then there should be no change as to the amount of the initial payment of Two Thousand Dollars ($2,000) upon receipt of proofs of death, but that the second, and each monthly payment thereafter, under each of the trust agreements, should be Sixty-six and 66/100 Dollars ($66.66), or a total of Two Hundred Dollars ($200) per month, instead of a total of One Hundred Dollars ($100), per month.
"New York Life Insurance Company, as trustee, accepted said trust, and is obligated to disburse to the beneficiary all sums which may be payable by New York Life Insurance Company, under the terms of the said trust agreements.
"On February 17, 1936, the plaintiff issued its policies No. 13087107 and No. 13087108, each in the amount of Five Thousand Dollars ($5,000), on the life of Joseph L. Roe, deceased. Copies of said policies are attached, made parts hereto, and marked Exhibits `H' and `I'.
"Each of said policies provides that the proceeds shall be paid to Lorraine Roe, wife of the insured, at the rate of Fifty Dollars ($50) per month, the first payment to be due on date of the insured's death, which occurred on October 24, 1937, and the last payment to be made on January 24, 1957, and that on February 24, 1957, there should be paid the sum of Five Thousand Dollars ($5,000) in a lump sum to the said Lorraine Roe, wife of the insured. The policies further provide that in the event the said Lorraine Roe, wife of the insured, should die prior to the payment of the entire amounts due under the policies, then the balances should be paid to Lorraine Roe, Mary Roe and Joseph L. Roe, Jr., children of the insured, or to the survivors. Said policies further provide that in the event the double indemnity benefits therein provided for should become payable, then the entire amount of such double indemnity benefits should immediately be payable to Lorraine Roe, wife of the insured.
"As stated, the insured, Joseph L. Roe, departed this life on October 24, 1937, and thereupon the defendants furnished due proof of his death. All of the policies hereinabove described provide that the double indemnity benefits shall be payable only upon condition that death results from external, violent and accidental means, and that even if death does result from external, violent and accidental means, the double indemnity benefits shall not be payable if death results directly or indirectly from disease. Prior to October 24, 1937, the insured, Joseph L. Roe, deceased, who was a practicing physician, suffered with undulant fever, and as a remedy therefor, he and his attending physicians decided to inject into his system a certain serum, and they decided to inject twice the quantity which was ordinarily used, and having made such an injection, it caused the death of the said insured. Such death did not result from accidental means, and it did result, directly or indirectly, from disease.
"Upon presentation of the proofs of death, the plaintiff admitted liability for the face amounts of the policies hereinabove described. It paid to New York Life Insurance Company, Trustee, the face amounts of the first four policies hereinabove described, and it has commenced payments of Fifty Dollars ($50.00) per month under the other two policies, to the defendant, Lorraine Roe, wife of the insured.
"The said Lorraine Roe, wife of the insured, and Lorraine Roe, Mary Roe and Joseph L. Roe, children of the insured, claim and assert that the death of the insured resulted from external, violent and accidental means, and that such death did not result directly or indirectly from disease, and they have demanded that the plaintiff pay to New York Life Insurance Company, as Trustee, for distribution pursuant to the terms of the aforesaid trust agreement, the double indemnity benefits as provided in the first four policies hereinabove described, and Lorraine Roe, wife of the insured, has demanded that the plaintiff admit its liability under the other two policies for the double indemnity benefits, and pay to her the sum of Ten Thousand Dollars ($10,000) in cash. The plaintiff asserts that it is not liable for the double indemnity benefits under any one of the aforesaid policies, and that it has discharged in full its obligations to the defendants.
"The defendants, Lorraine Roe, Mary Roe and Joseph L. Roe, Jr., are minors, being of the respective ages of seven, four and three. Plaintiff prays that process be issued and served upon them as provided by law, and that thereafter a guardian ad litem be appointed to defend in...
