Kelly v. Sheil

The Massachusetts Catholic Order of Foresters is a fraternal benefit society governed by G. L. (Ter. Ed.) c. 176. It maintains a “Mortuary Fund” for the payment of death benefits. One Mary A. Sheil, a member in good standing, died April 19, 1934. The question in the case is whether Miss Sheil had made a designation of the plaintiff as her beneficiary which is valid and enforceable in equity or whether her death benefit is payable to her next of kin under a section of the constitution of the order applicable when a deceased member leaves no legally designated beneficiary.

The constitution…