Lavigne v. des Patriotes
Massachusetts Supreme Judicial Court
Contract brought by the sister and executrix of the will of Alexander Lavigne, to recover the sum of $680 as a mortuary benefit.
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Contract brought by the sister and executrix of the will of Alexander Lavigne, to recover the sum of $680 as a mortuary benefit. Writ dated April 28,1900. The case was heard in the Superior Court by Bell, J., upon the following agreed facts: Alexander Lavigne at the time of his death, on September 3, 1899, was a member of the Ligue des Patriotes, a fraternal beneficiary corporation in Fall River, organized under St. 1888, c. 429. Article 28 of the by-laws of the corporation provided that the “ widow or other legal beneficiary of a deceased member shall be entitled to one dollar per active…
1Opinion of the CourtMorton, J.
At the time of his death the plaintiff’s testator was a member in good standing of the defendant corporation which is a beneficiary association. The association admits that it has in its hands $680 as mortuary benefits of the deceased and is ready to pay it to the plaintiff or the claimant as the court may decide. There are no other claimants. Marilda Chasse the claimant is the illegitimate child of the testator. The plaintiff *28is the testator’s sister and is executrix of his will which, has been duly proved and allowed. By this will he left to his sister the benefits coming to him from the…
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