Belknap v. Johnston
Supreme Court of Iowa
Appeal from Delaware District Gourt. — Hon. Franklin C. Platt, Judge. This is a controversy over the avails of a certificate of membership in the Northwestern Masonic Aid Association, a corporation doing business in the state of Illinois, issued to J. L. Belknap, and payable originally to his devisees or heirs at law.
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Appeal from Delaware District Gourt. — Hon. Franklin C. Platt, Judge. This is a controversy over the avails of a certificate of membership in the Northwestern Masonic Aid Association, a corporation doing business in the state of Illinois, issued to J. L. Belknap, and payable originally to his devisees or heirs at law. Plaintiff seeks to recover the indemnity as legal representative of the deceased, and defendant claims title thereto as beneficiary, under a°substituted certificate, as a creditor of the member. The trial court dismissed plaintiff’s petition, and she appeals.
1Opinion of the CourtDeemer, J.
1 June 30, 1880, J. L. Belknap, a resident of this state, became a member of the Northwestern Masonic Aid Association. His devisee or heirs at law were named as beneficiaries. Thereafter he devised the avails of the certificate to J. F. Johnston. On June 20, 1883, another and additional certificate was issued to Belknap by said association, the beneficiaries being the same as in the first certificate. He also devised one-lialf of the avails of this certificate, which bore the number 8,585, to Johnston. Soon thereafter Johnston died, and defendant, Ellen C. Johnston, became possessed of his…
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