Legal Opinion

Sovereign Camp of the Woodmen of the World v. Wood

Missouri Court of Appeals

Decided November 6, 1905PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. — Eon. Shannon C. Douglass, Judge. (1) No vested interest in or to any fund accrued to the member in his lifetime; no legal right to the wholly contingent death benefits could arise or vest by any agreement between the member and non-member, aside from the rules of the society and lacking its assent. Richmond v. Lodge, 100 Mo. App. 8; Police Assn. v. Strode, 103 Mo. App. 694; Voelker v. Grand Lodge, 103 Mo. App. 637; Laker v. Frat.

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Appeal from Jackson Circuit Court. — Eon. Shannon C. Douglass, Judge. (1) No vested interest in or to any fund accrued to the member in his lifetime; no legal right to the wholly contingent death benefits could arise or vest by any agreement between the member and non-member, aside from the rules of the society and lacking its assent. Richmond v. Lodge, 100 Mo. App. 8; Police Assn. v. Strode, 103 Mo. App. 694; Voelker v. Grand Lodge, 103 Mo. App. 637; Laker v. Frat. Union, 95 Mo. App. 353; Council v. Neidlet, 81 Mo. App. 598; Morton v. Royal Tribe etc., 93 Mo. App. 92; Council v. Kacer, 96…

1Opinion of the CourtJohnson, J.

Plaintiff, a fraternal benevolent association, filed a petition in equity to require rival claimants to interplead for the proceeds of a death benefit certificate issued to Harry B. Wood, a member. The defendant Wood was the wife, and the other two defend*475ants the sisters of the deceased member. One of the sisters demurred to the petition on the ground that the facts pleaded therein did not entitle plaintiff to the relief sought. The demurrer was overruled and answers were filed by the several defendants. That of defendant Wood contained a statement of facts upon which she relied to support…

2Cases cited2 opinions

  1. Sweet v. OwensSupreme Court of Missouri · 1891
  2. Sovereign Camp Woodmen of the World v. WoodMissouri Court of Appeals · 1903

3Cited by9 opinions

  1. Mitchell v. LangleySupreme Court of Georgia · 1915
  2. Fendler v. RoySupreme Court of Missouri · 1932
  3. Parry v. ParryMassachusetts Supreme Judicial Court · 1944
  4. Comer v. FarrellCourt of Appeals of Texas · 1932
  5. Sluder v. National AmericansSupreme Court of Kansas · 1917

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