Bays v. Mahan

MONTGOMERY, Judge.

The sole question to be decided is whether an aged mother living in the home of her son and depending on him for her support is considered a part of his “immediate family” for the payment of burial benefits-•under a burial plan insurance contract. The trial court denied the benefits. Motion for an appeal has been sustained.

The appellees are the representatives of the Hendrix Burial Plan, an unincorporated .association formed in 1949 by the employees-of the Hendrix Mine in Letcher County-Raymond Bays and Isadore Brown, appellants, have been members of the Plan since 1950.

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