Legal Opinion

Maxwell v. Family Protective Union

Supreme Court of Georgia

Decided April 30, 1902PublishedCited by 2 opinions

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

  1. Cone v. American Surety Co.Supreme Court of Georgia · 1923
  2. Potievska v. Independent Western Star OrderMissouri Court of Appeals · 1908

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