214   RIGHTS AND POWERS OF INSURER

80923, were issued, both being dated July 1, 1924; that thereafter, pursuant to the conditions contained in policy No. 80923, the insured revoked the payment to the beneficiary, Sallie W. Burgess, and directed that the proceeds of that policy should be payable to his executors or administrators; that under the terms and conditions of both policies it is provided that they should be incontestable, except for nonpayment of premiums after two years from date, and also that self-destruction, while sane or insane, within two years from date, is not a risk assumed by the company under the policies; that Richard F. Wright committed suicide on May 30, 1926; that he left surviving him as his heirs at law his two sisters, firs. Sallie W. Burgess and Mrs. Everett W. Lucas, and three brothers, Jack J. Wright, Edward F. Wright, and Robert Lee Wright, and that they are the persons entitled to take and inherit under the statute of distributions of South Carolina; that said heirs at law and distributees will shortly apply to the probate court of Sum-ter county for the appointment of an administrator to file suit on account of the policy mentioned (viz. No. 80923), and that Sallie W. Burgess intends to file suit, claiming the amount of the policy made payable to her as beneficiary (viz. No. 80922) ; that no administrator has as yet been appointed and that such appointment could not be made under the laws of South Carolina until after three weeks' public advertisement, and that no administrator there-fore could be appointed prior to July 1, 1926, the date of the expiration of the contestable period.

The bill further asserts that the plaintiff has no adequate remedy at law, inasmuch as the two-year period will have expired when suits shall be brought at law by the parties to collect the policies referred to. * * *

The two-year period of contestability provided by the policy expired on July 1, 1926. The plaintiff's right, therefore, to interpose the defense of suicide at law would have been ineffectual after that date. This suit for cancellation of that policy was filed on June 28, 1926, and served on her the next day. The suit, therefore, was in time. It is now settled law in this circuit that an insurance company may bring a suit for cancellation of the policy, and to restrain assignment and the prosecution of any suit at law, when the beneficiary of the policy may delay the bringing of the action at law until the period prescribed by the incontestable clause has expired. * * *

It has been suggested, however, that in this particular case the terms of the policy provide that suicide within two years of the date of the policy is a risk not assumed under the policy, and, the risk being excluded by the terms of the policy, the incontestable clause does not apply, and the plaintiff could be fully protected by showing in an action at law that the case presented was not within the terms of the policy. The suggestion appears a very plausible one. But the