Wilber v. Supreme Lodge New England Order of Protection
Massachusetts Supreme Judicial Court
Contract, by the three children of George T. Wilber, deceased, on a membership certificate issued by the defendant, a fraternal beneficiary corporation, to recover the amount of $2,000 named therein.
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Contract, by the three children of George T. Wilber, deceased, on a membership certificate issued by the defendant, a fraternal beneficiary corporation, to recover the amount of $2,000 named therein. Writ in the Municipal Court of the City of Boston dated December 10, 1903. The defendant admitted its liability, but alleged that one Lucy Cooper, a beneficiary named in the policy to the amount of $1,000 was a claimant for a part of the fund in question, and upon the defendant’s motion, she was summoned in as a claimant. On appeal to the Superior Court the case was tried before Harris, J. The…
1Opinion of the CourtHammond, J.
The question is whether the evidence warranted a finding that Lucy Cooper was “dependent” upon George T. Wilber within the meaning of that word as used in . St. 1882, c. 195, § 2, now incorporated in R. L. c. 119, § 6.
She testified that before July 14? 1897, she and her two sisters Agnes and Georgianna were all keeping house together in Cambridge; that she and her sister Agnes worked out and earned the money necessary to maintain the home; that Geor*479gianna, who was not strong, did the housework; that all this was known to Wilber; and that on July 14, 1897, Agnes married him ; that before the…
2Cases cited1 opinion
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
3Cited by10 opinions
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- Kenney's CaseMassachusetts Supreme Judicial Court · 1916
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- Gillespie v. Modern Woodmen of AmericaWest Virginia Supreme Court · 1926
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