Ferbrache v. Grand Lodge A. O. U. W.
Missouri Court of Appeals
Appeal!rom ¡the Buchanan Circuit Court. — Hon. 0. T. Strop, Judge. (1) George W. Ferbrache was not a member of the family of Walter H. Ferbrache within the meaning of the statute governing defendant, nor was he a dependent relative, and, therefore, could not be recognized as a beneficiary. R. S. 1899, sec. 2823; Wagner v. Benefit Society, 70 Mo. App. 161; Lister v. Lister, 73 Mo.
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Appeal!rom ¡the Buchanan Circuit Court. — Hon. 0. T. Strop, Judge. (1) George W. Ferbrache was not a member of the family of Walter H. Ferbrache within the meaning of the statute governing defendant, nor was he a dependent relative, and, therefore, could not be recognized as a beneficiary. R. S. 1899, sec. 2823; Wagner v. Benefit Society, 70 Mo. App. 161; Lister v. Lister, 73 Mo. App. 99. (2) Plaintiff being the only legally named beneficiary in the certificate was entitled to the whole amount named therein. (1) According to the recent decisions, “family” includes those who live under one…
1Opinion of the CourtSmith, P. J.
Such facts as are necessary for a correct understanding of the questions raised by the appeal in this case may be shortly stated in this wise: One Walter IT. Eerbrache, on March 4,1895, became a member of the defendant order- — a fraternal beneficial association, incorporated under the statute of this state — and obtained a benefit certificate promising to pay $2,000 to his father, George W. Eerbrache —with whom the said Walter then resided — in case of the death of said Walter, if at the time of his death he should be a member in good standing in defendant order; that later on, the said…
2Cases cited4 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- Hofman v. Grand Lodge of Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1898
- Wagner v. St. Francis Xavier Benefit SocietyMissouri Court of Appeals · 1897
3Cited by12 opinions
- Giokaris v. KincaidSupreme Court of Missouri · 1960
- Allen v. Multnomah CountyOregon Supreme Court · 1946
- Schehen v. North-West Insurance CompanyOregon Supreme Court · 1971
- State Ex Rel. Kemp v. ArnoldMissouri Court of Appeals · 1938
- Komanetsky v. Missouri State Medical AssociationMissouri Court of Appeals · 1974
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