Legal Opinion

Elsey v. Odd Fellows' Mutual Relief Ass'n

Massachusetts Supreme Judicial Court

Decided July 3, 1886PublishedCited by 42 opinions

Bill in equity, by a member of the Odd Fellows’ Mutual Relief Association, in behalf of himself and the other members, against the association, Henry S. Lee, its treasurer, Addie E. Wetmore, the wife of Davis L. Wetmore, a deceased member of the association, and Abigail C. Wetmore, the mother of said Davis, to restrain the payment of a certain fund to said Abigail. The bill was amended by discontinuing against said Addie E., and making her a party plaintiff.

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Bill in equity, by a member of the Odd Fellows’ Mutual Relief Association, in behalf of himself and the other members, against the association, Henry S. Lee, its treasurer, Addie E. Wetmore, the wife of Davis L. Wetmore, a deceased member of the association, and Abigail C. Wetmore, the mother of said Davis, to restrain the payment of a certain fund to said Abigail. The bill was amended by discontinuing against said Addie E., and making her a party plaintiff. Hearing before W. Allen, J., who dismissed the bill, with costs; and the plaintiffs appealed to the full court. The facts appear in the…

1Opinion of the CourtMorton, C. J.

The first-named defendant is an association organized under the St. of 1874, c. 375. This statute was amended by the St. of 1877, e. 204, and the two statutes have been continued and reenacted in the Pub. Sts. c. 115.

Section 8, of the Pub. Sts. e. 115, provides that such an association may, “ for the purpose of assisting the widows, orphans, *225or other persons dependent upon deceased members, provide in its by-laws for the payment by each member of a fixed sum, to be held by such association until the death of a member occurs, and then to be forthwith paid to the person or persons entitled…

2Cited by42 opinions

  1. Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  2. McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
  3. Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
  4. Pettus v. HendricksSupreme Court of Virginia · 1912
  5. Palmer v. WelchIllinois Supreme Court · 1890

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