Maxwell v. Family Protective Union
Supreme Court of Georgia
Action on insurance certificate. Before Judge Cobb. City court of Athens. April 30, 1901.
1Opinion of the CourtSimmons, C. J.
1. Where a by-law of a mutual life-insurance company stipulates that no death benefit may be paid except “ to the widow, children, . . uncle, niece, nephew, first cousin, next of kin who would be distributee of the member’s personal estate if he died intestate, . . or to persons dependent upon the member,” the phrase “ next of kin” does not limit the classes before enumerated, but adds to them another class. There is nothing in such a by-law to prevent recovery of a death benefit by the beneficiary named in the certificate, who is uncle of the deceased member, but who is not nearest of kin^…
2Cited by2 opinions
- Cone v. American Surety Co.Supreme Court of Georgia · 1923
- Potievska v. Independent Western Star OrderMissouri Court of Appeals · 1908