Modern Woodmen of America v. Breckenridge

The opinion of the court was delivered by

Greene, J.:

The plaintiffs in this action sought to recover on a benefit certificate, issued January 2, 1897, by the Modern Woodmen of America to Thomas E. Kelly. ^The case was tried to the court and judgment rendered in favor of the plaintiffs. The defendant prosecutes this proceeding in error.

Kelly died February 6, 1905, a member in good *374standing upon the records of Iola Camp No. 961 of the Modern Woodmen of America, located at Iola, Kan., the camp of which he originally became a member. Kelly’s certificate contained the following conditions:

“If the…