Gibbs v. Knights of Pythias
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Charles Glaflm Allen, Judge. (1) Plaintiff being the sole legatee under the will of the deceased, and not coming within the class of persons designated in the statute of Missouri and the bylaws of the defendant Knights of Pythias of Missouri, etc., is not entitled to recover the fund sued for.
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Appeal from St. Louis City Circuit Court.— Hon. Charles Glaflm Allen, Judge. (1) Plaintiff being the sole legatee under the will of the deceased, and not coming within the class of persons designated in the statute of Missouri and the bylaws of the defendant Knights of Pythias of Missouri, etc., is not entitled to recover the fund sued for. E. S. 1879, sec. 2823; R. S'. 1899, sec. 1408; Masonic Benefit Assn. v. Bunch, 109 Mo. 560; Pauly v. M. W. A., 87 S. W. R. 990; Keener v. Grand Lodge, 38 Mo. App. 543; Dennis v. M. B. A., 119 Mo. App. 210. (2) Where the by-laws of the association provide…
1Concurrence
CONCURRING OPINION.
REYNOLDS, P. J.
—I concur in the result reached by my brother Nortoni, but add this suggestion: In a dissenting opinion in Ordelheide, Admr., v. Modern Brotherhood of America, 158 Mo. App. 677, 139 S. W. 269, I held (l. c. 700 to 706) that interpreted by the bylaws, by the objects of the association, by the law of this State, particularly by section 7113, Revised Statutes 1909, when the term “legal representatives” was used by the member in designating his beneficiary, “he must be held to have meant such persons as could lawfully become ‘legal representatives’ in a benefit…
2Cases cited4 opinions
- Armstrong v. Modern Brotherhood of AmericaSupreme Court of Missouri · 1912
- Grand Lodge Ancient Order of United Workmen v. DisterMissouri Court of Appeals · 1898
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
- Beall v. GrahamMissouri Court of Appeals · 1907