Wagner v. St. Francis Xavier Benefit Society
Missouri Court of Appeals
Appeal from the Btichanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) It not appearing how the mortuary benefit was created or limited, it must be assumed that it was payable “at such time and in such manner” as the corporation had power to provide. It had the power to provide this benefit for the relief and aid of the member himself, and could permit him by testament to appropriate it to defray the expenses of his last sickness and funeral.
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Appeal from the Btichanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) It not appearing how the mortuary benefit was created or limited, it must be assumed that it was payable “at such time and in such manner” as the corporation had power to provide. It had the power to provide this benefit for the relief and aid of the member himself, and could permit him by testament to appropriate it to defray the expenses of his last sickness and funeral. To enable a member to make provision for such expenses is within the purposes set forth in section 2823, Revised Statutes, 1889. Lysaght v. St. Louis,…
1Opinion of the CourtGill, J.
Plaintiff’s counsel having so clearly and fairly stated the nature of this controversy, we shall, with some little addition and correction, adopt the same as our own:
Statement; This is a suit of Christina Wagner, the childless widow of August E. Wagner, to recover a death benefit of defendant society, of which August E. , ' Wagner, her husband, was a member at the time of his death. At the return term of court the defendant appeared and pleadings being waived, the parties submitted the cause to the court on an agreed statement of facts.
We are not informed by the statement of facts as to the…
2Cases cited5 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
- Briggs v. EarlMassachusetts Supreme Judicial Court · 1885
3Cited by4 opinions
- Ferbrache v. Grand Lodge A. O. U. W.Missouri Court of Appeals · 1899
- Camara v. Sociedade Lusitana Beneficente De HawaiiHawaii Supreme Court · 1914
- Johnson v. Policemen's Benevolent Ass'n, Court of Common Pleas of Ohio, Hamilton County1912
- Sternberg v. LevyMissouri Court of Appeals · 1898