Johnson v. Knights of Honor
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court, Southern District. M. T. Sanders, Judge. 1. If the subsequent changes in the constitution of the order did not control the language of the certificate, still under the designation of heirs, the widow was entitled to one-half the amount. The word heirs has á different signification when used in reference to real and personal property. When lands are in question, heirs mean those who would take at common law or by the statute of descents.
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APPEAL from Prairie Circuit Court, Southern District. M. T. Sanders, Judge. 1. If the subsequent changes in the constitution of the order did not control the language of the certificate, still under the designation of heirs, the widow was entitled to one-half the amount. The word heirs has á different signification when used in reference to real and personal property. When lands are in question, heirs mean those who would take at common law or by the statute of descents. When personalty is spoken of, it means those entitled under the statute of distribution. 7 Allen, 77; 1 Hoff., .Chy., 202;…
1Opinion of the CourtBattle, J.
On the 4th day of September, 1883, the Supreme Lodge of the Knights" of Honor issued to James W. Johnson, a member of DeVall’s Bluff Lodge, No. 2172, a local lodge of the Knights of Honor, located at DeVall’s Bluff in this State, a benefit certificate for the sum of two thousand dollars payable to his'heirs at his death. At that time Johnson was unmarried, and the constitution of the supreme lodge authorized the issuing of a benefit certificate, payable, on the death of a member, to his family or as he might direct. In 1884 the constitution was changed, so as to authorize the issuing of a…
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