concurring specially. I concur in the majority opinion which orders a jury trial in this case. But the issues of fact to be submitted to the jury for determination are not spelled out sufficiently for the guidance of the trial court when this case is tried therein.
One of the issues is whether the insured intended to change the beneficiary. Another issue is whether the insured had control of the policy on the date of the purported execution of the "change of beneficiary form.” The language of the policy clearly makes this a requirement for changing the beneficiary as is pointed out in the opinion in this case, to wit: "The person having control of this policy may change any beneficiary . . .” On that date, June 4, 1970, *666had the insured already surrendered control of the policy to Mrs. Virginia K. Mitchell, and if so, did she ever willingly and knowingly return possession to the insured? And even though the insured was ill, he was required to do whatever his mental and physical capabilities enabled him to do towards compliance with the provisions of the policy of insurance as to "change of beneficiary”—one such requirement being that "written notice” (the executed form for change of policy) be filed at the home office of the company. It appears from the record that this form was not filed until July 27, 1970—three days after the insured’s death. The law required the insured to do all he was substantially able to do to effect a change. Faircloth v. Coleman, 211 Ga. 356 (86 SE2d 107). Was filing of the form withheld because of the wishes or directions of insured, and if not, why was it not filed until after insured’s death? All of these are questions to be resolved by the jury.