Legal Opinion

Grand Lodge A. O. of U. W. v. Denzer

Court of Appeals of Kentucky

Decided May 29, 1908PublishedCited by 6 opinions

CASE 22. — ACTION BY HENRY DENZER AGAINST THE GRAND LODGE, ANCIENT ORDER OP ’ UNITED WORKMEN OP KENTUCKY ON A LIFE INSURANCE POLICY. — May 29. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff.

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CASE 22. — ACTION BY HENRY DENZER AGAINST THE GRAND LODGE, ANCIENT ORDER OP ’ UNITED WORKMEN OP KENTUCKY ON A LIFE INSURANCE POLICY. — May 29. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff. Defendant appeals. — 1. By statute and by the organic laws of the order, the beneficiary acquired no vested interest, but simply an expectancy— an incomplete gift — subject to revocation by the member at any time before his death. (Kentucky Statutes, 670; Bacon on Ben. Societies, 3 Ed., 291-291a; 3 Am. & Eng. Enc. of Law, 2 Ed., p.…

1Opinion of the Court

Opinion of the Court by

Judge Nunn —

Reversing.

It appears that one Adolph Denzer became a member of the order of the Ancient Order of United Workmen in the year 1877. He joined Antiquity Lodge No-. 30 in Louisville, ICy., on July 23, 1877. A certificate of insurance was issued to him wherein it was agreed that the Grand Lodge would pay at his death the sum of $2,000 to his wife, Mary Denzer,. Appellee, Henry Denzer, at that time was a small boy. It appears that in March, 1886, Adolph Denzer had the above benefit certificate changed so as to read as follows: “To Mary and Henry Denzer, bearing…

2Cases cited2 opinions

  1. Schillinger v. BoesCourt of Appeals of Kentucky · 1887
  2. Fischer v. FischerTennessee Supreme Court · 1897

3Cited by6 opinions

  1. Summers v. SummersSupreme Court of Alabama · 1928
  2. Western & Southern Life Insurance v. WeberCourt of Appeals of Kentucky · 1919
  3. Eatman v. EatmanCourt of Appeals of Texas · 1911
  4. Hahn v. Supreme Lodge of the PathfinderCourt of Appeals of Kentucky · 1910
  5. Supreme Tent of the Knights of the MacCabees of the World v. DupriestCourt of Appeals of Kentucky (pre-1976) · 1930

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