TERRELL, Justice. March 7, 1950, Charles Herbert Pafford, Jr., was killed in an accidental crash of a regularly scheduled commercial air line carrier. At the time of his death he held a policy of insurance with appellee for $10,000, with double indemnity or additional accidental death benefit of $10,000 to be paid in the event ""that death shall not have resulted from bodily injuries sustained while participating in aviation or aeronautics * * *"". Appellee paid the death benefit but refused to pay the double indemnity because of the quoted provision of the policy.
