Grand Lodge, Ancient Order of United Workmen v. O'Malley
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Non. Daniel D. Fisher, Judge. (1) The beneficiary in a fraternal benefit certificate has no vested interest therein. Masonic Ben. Assn, v. Bunch, 109 Mo. 579; Wells v. Mut. Ben. Assn., 126 Mo. 687. (2) In the absence of any laws of the association prescribing particular formalities for a change of beneficiary, any clear, definite designation of a different beneficiary will suffice.
Read the full summary
Appeal from St. Louis City Circuit Court. — Non. Daniel D. Fisher, Judge. (1) The beneficiary in a fraternal benefit certificate has no vested interest therein. Masonic Ben. Assn, v. Bunch, 109 Mo. 579; Wells v. Mut. Ben. Assn., 126 Mo. 687. (2) In the absence of any laws of the association prescribing particular formalities for a change of beneficiary, any clear, definite designation of a different beneficiary will suffice. Grand Lodge v. Childs, 70 M'ich. 163; Isgrigg v. Schooley, 125 Ind. 94; Bacon on Ben. Soc., sec. 309a. Where there is no adopted law of the order regulating the matter, a…
1Opinion of the CourtBland, P. J.
Plaintiff, a fraternal beneficiary association, on September 12, 1886, issued to M'ichael McFadden, a member of Meta Lodge No-. 19, of said association, a benefit certificate for the sum of $2,000, payable at the death of said Michael McFadden to his wife Bridget. About thirteen years prior to his death, which occurred April 7, 1903, Michael drove*his wife and children from his home and thereafter lived separate from his wife, making his home most of the time with a married daughter until about the month of April, 1901: After this time he was taken care of by John O’Malley, father of…
2Cases cited18 opinions
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Nally v. NallySupreme Court of Georgia · 1885
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Walsh v. Sovereign Camp of the Woodmen of the WorldMissouri Court of Appeals · 1910
- St. Louis Police Relief Ass'n v. TierneyMissouri Court of Appeals · 1906
- Middlesex County Welfare Board v. MotolinskyNew Jersey Court of Chancery · 1944
- Wintergerst v. Court of HonorMissouri Court of Appeals · 1914
- Londry v. Sovereign Camp of Woodmen of the WorldMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.