Legal Opinion

Pilcher v. Puckett

Supreme Court of Kansas

Decided February 8, 1908No. 15,380PublishedCited by 18 opinions

Error from Reno district court; Peter J. Galle, judge. STATEMENT. The question for determination in this case is, Who is entitled to the proceeds of a benefit certificate issued by the Modern Woodmen of America on the life of William Pilcher. The principal controversy arises between his heirs by blood, who will be referred to hereinafter as the Pilcher heirs, and his stepchildren, who are the children and heirs of his deceased wife.

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Error from Reno district court; Peter J. Galle, judge. STATEMENT. The question for determination in this case is, Who is entitled to the proceeds of a benefit certificate issued by the Modern Woodmen of America on the life of William Pilcher. The principal controversy arises between his heirs by blood, who will be referred to hereinafter as the Pilcher heirs, and his stepchildren, who are the children and heirs of his deceased wife. The certificate was issued on the 81st day of March, 1891, for the sum of $1000, payable to Emma H. Pilcher, who was the wife of William Pilcher and the mother of…

1Opinion of the Court

*288The opinion of the court was delivered by

Porter, J.:

We shall first notice the contentions of the cross-petitioner in error, Edna A. Puckett, which are that the certificate was part of William Pilcher’s estate, and that under the fourth paragraph of his will, as explained and aided by the parol testimony of his intentions, the proceeds should be paid to her; that if for any reason the intent of the testator thus established cannot be given effect the fourth paragraph of the will should be considered null and void, and the three Dilley children would then be entitled to take under the second…

2Cases cited13 opinions

  1. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  2. Alexander v. ParkerIllinois Supreme Court · 1893
  3. Norwegian Old People's Home Society v. WilsonIllinois Supreme Court · 1898
  4. Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
  5. Keener v. Grand LodgeMissouri Court of Appeals · 1889

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Modern Woodmen of America v. ComeauxSupreme Court of Kansas · 1909
  2. Supreme Colony v. TowneSupreme Court of Connecticut · 1914
  3. Kirk v. Fraternal Aid Ass'nSupreme Court of Kansas · 1915
  4. Wannamaker v. StromanSupreme Court of South Carolina · 1932
  5. Bush v. Modern Woodmen of AmericaSupreme Court of Iowa · 1915

13 more not listed; retrieve them via the Exa API.

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