Davis v. McGraw
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 22,1907, against a Massachusetts fraternal beneficiary corporation and one Lucy D. McGraw, to obtain $2,000 payable under a benefit certificate issued to one Frederick H. Davis, alleged to have been paid wrongfully by the defendant corporation to the defendant McGraw, who was named in the policy as the beneficiary, but was a stranger in blood to the member Davis and was not dependent upon him nor otherwise within the class…
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Bill in equity, filed in the Superior Court on April 22,1907, against a Massachusetts fraternal beneficiary corporation and one Lucy D. McGraw, to obtain $2,000 payable under a benefit certificate issued to one Frederick H. Davis, alleged to have been paid wrongfully by the defendant corporation to the defendant McGraw, who was named in the policy as the beneficiary, but was a stranger in blood to the member Davis and was not dependent upon him nor otherwise within the class of persons permitted to be beneficiaries by R. L. c. 119, § 6. In the Superior Court the case was heard by Richardson,…
1Opinion of the CourtHammond, J.
The first question is whether the decree of adoption of Lucy D. McGraw was absolutely void for want of jurisdiction of the court.
The petition for the adoption was by Frederick H. Davis alone. In the petition he represents himself as a widower and prays for leave to adopt Lucy D. McGraw.' The decree is that from its date “said child shall to all legal-intents and purposes be the child of said petitioner.” As a matter of fact the petitioner had a wife still living, who had no knowledge of these proceedings until a few days after the death of the member, which occurred about six months after the…
2Cases cited6 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Adoption of TammyMassachusetts Supreme Judicial Court · 1993
- Lacher v. VenusWisconsin Supreme Court · 1922
- Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
- Mitchell v. MitchellMassachusetts Supreme Judicial Court · 1942
- Old Colony Trust Co. v. PorterMassachusetts Supreme Judicial Court · 1949
14 more not listed; retrieve them via the Exa API.