People v. Petrie
Appellate Court of Illinois
Debt, on a bond. Appeal from the Circuit Court of Mercer County; the Hon. William H. Gest, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Benjamin F. Brooks was the owner and holder of a beneficiary certificate in the Covenant Mutual Benefit Association of Illinois.
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Debt, on a bond. Appeal from the Circuit Court of Mercer County; the Hon. William H. Gest, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Benjamin F. Brooks was the owner and holder of a beneficiary certificate in the Covenant Mutual Benefit Association of Illinois. It provided that upon his death while a member an assessment should be levied upon the surviving members and the aggregate sum collected, not exceeding $5,000, should be paid as a benefit “ to his devisees, as provided in last will and testament, or in the event of their prior death, to the legal heirs…
1Opinion of the CourtJustice Dibell
The first question is whether under the certificate and the will the funds received from the association were assets of the estate, to which the executor as such was lawfully entitled, and upon which it was his office and duty as executor to administer. The promise in the certificate was to pay the fund “ to his devisees, as provided in the last will and testament, or in the event of their prior death, to the legal heirs or devisees of the certificate holder.” These identical words in a certificate issued by this association were held in Covenant Mutual Benefit Association v. Sears, 114 Ill.…
2Cases cited7 opinions
- Covenant Mutual Benefit Ass'n v. SearsIllinois Supreme Court · 1885
- Comstock v. BrosseauIllinois Supreme Court · 1872
- Alexander v. Northwestern Masonic Aid Ass'nIllinois Supreme Court · 1888
- People v. HuffmanIllinois Supreme Court · 1899
- Covenant Mutual Benefit Ass'n v. HoffmanIllinois Supreme Court · 1884
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3Cited by1 opinion
- Thren v. AmesAppellate Court of Illinois · 1909