Boyden v. Massachusetts Masonic Life Ass'n
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $2,500, issued by the defendant on the life of Henry N. Boyden, who was the husband of the plaintiff. Rosa A. White, the daughter of Henry N. Boyden, Frank P. Lincoln, administrator of the estate of Sally Boyden, the deceased wife of Henry N. Boy-den, and Henry W. Bosworth, administrator of the estate of Boyden, were admitted as claimants of the fund in the hands of the defendant.
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Contract, upon a policy of insurance for $2,500, issued by the defendant on the life of Henry N. Boyden, who was the husband of the plaintiff. Rosa A. White, the daughter of Henry N. Boyden, Frank P. Lincoln, administrator of the estate of Sally Boyden, the deceased wife of Henry N. Boy-den, and Henry W. Bosworth, administrator of the estate of Boyden, were admitted as claimants of the fund in the hands of the defendant. The case was submitted to the Superior Court, and, after judgment for Henry W. Bosworth, administrator, to this court, on appeal, upon agreed facts, the material parts of…
1Opinion of the CourtBarker, J.
The question is whether the provision of the policy, “ that said member agrees to be bound by the by-laws and rules of the Association now in force, or as hereinafter altered or amended,” makes operative, in ascertaining the disposition of the fund, the following by-law : “ Or if he [meaning the member] leaves no such designated parties alive it shall be paid as follows. 1st, To his widow and his minor children, to be apportioned to them as follows: If there be but one minor child, one half to the widow and one half to the minor child; if more than one, one third to the widow and two thirds…
2Cases cited3 opinions
- Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896
- Haskins v. KendallMassachusetts Supreme Judicial Court · 1893
- Clarke v. SchwarzenbergMassachusetts Supreme Judicial Court · 1894
3Cited by11 opinions
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Urquhart v. Alexander & Alexander, Inc.Court of Appeals of Maryland · 1972
- Novotny v. Acacia Mutual Life InsuranceAppellate Court of Illinois · 1936
- Provident Savings Life Assur. Soc. of New York v. HadleyCourt of Appeals for the First Circuit · 1900
- Pate v. Insurance Co.Court of Appeals of Georgia · 1917
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