Independent Foresters v. Keliher
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a bill of interpleader, filed by the Independent Order of Foresters, a benevolent association, for the determination of conflicting claims to a- beneficiary certificate issued to one Keliher, a member of a subordinate court of the order located at Portland, who died September 2, 1895. The certificate in question was issued on the second day of May, 1895, for the sum of $3,000, payable, by a direction thereon, signed by…
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From Multnomah: Loyal B. Stearns, Judge. This is a bill of interpleader, filed by the Independent Order of Foresters, a benevolent association, for the determination of conflicting claims to a- beneficiary certificate issued to one Keliher, a member of a subordinate court of the order located at Portland, who died September 2, 1895. The certificate in question was issued on the second day of May, 1895, for the sum of $3,000, payable, by a direction thereon, signed by Keliher, to his wife, Margaret E. Keliher, subject to the laws of the order, which contain the following provisions: “Sec. 251.…
1Opinion of the CourtJustice Bean
1. The rights of the parties to the fund in controversy must be determined by the condition of affairs at the time of Keliher’s death. The right of a legally designated beneficiary under a certificate of the character now under consideration becomes vested upon the death of the member, and no subsequent action of the lodge or order can change or affect his rights : Bacon, Ben. Soc. § 255 ; McLaughlin v. McLaughlin, 104 Cal. 171 (43 Am. St. Rep. 83, 37 Pac. 865); Ireland v. Ireland, 42 Hun, 212 ; Keener v. Grand Lodge, 38 Mo. App. 543.
2. The only question to be determined, then, is whether…
2Cases cited19 opinions
- Splawn v. ChewTexas Supreme Court · 1883
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Holland v. TaylorIndiana Supreme Court · 1887
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3Cited by19 opinions
- Cronbach v. Aetna Life Ins. Co.Tennessee Supreme Court · 1925
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
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- Brett v. WarnickOregon Supreme Court · 1904
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