Jackson v. Brotherhood of American Yeomen
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. Fred. Lamb, Judge. (1) A change of beneficiary in the certificate of a beneficial association must be made in the manner provided by the by-laws, subject to three exceptions: First, where the association has waived strict compliance with the by-laws before the rights of the original beneficiary have become vested; second, where it is beyond the power of the insured to comply strictly with the by-laws, a court of equity will treat…
Read the full summary
Appeal from Sullivan Circuit Court. — Hon. Fred. Lamb, Judge. (1) A change of beneficiary in the certificate of a beneficial association must be made in the manner provided by the by-laws, subject to three exceptions: First, where the association has waived strict compliance with the by-laws before the rights of the original beneficiary have become vested; second, where it is beyond the power of the insured to comply strictly with the by-laws, a court of equity will treat the change as legally made, where all is done that was possible to be done; and third, where the insured has pursued the…
1Opinion of the CourtEllison, J.
Mary E. Hill was a member of the Brotherhood of American Yeomen and there was issued to her, as such member, a certificate of insurance for $1000 payable to her husband at her death. She died on the 30th of April, 1910. Her father, mother and her three small children claim that a few days before her death she changed the beneficiary from her husband to them. The association paid the money into court and asked that the surviving husband and these parties be required to interplead and that their rights be determined by the court. The judgment was for the father, mother and the children.
It…
2Cases cited8 opinions
- Shuman v. Ancient Order of United WorkmenSupreme Court of Iowa · 1900
- Independent Foresters v. KeliherOregon Supreme Court · 1899
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- Abbott v. Supreme Colony United Order of Pilgrim FathersMassachusetts Supreme Judicial Court · 1906
- Sovereign Camp of the Woodmen of the World v. WoodMissouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brotherhood of Railroad Trainmen v. AdamsMissouri Court of Appeals · 1928
- Simmons v. Modern Woodmen of AmericaMissouri Court of Appeals · 1914