Kirk v. Fraternal Aid Ass'n

The opinion of the court was delivered by

Marshall, J.:

This is an action to compel payment of one-half of a beneficiary certificate in a fraternal beneficiary association. Judgment was for the plaintiff. The defendant appeals.

The defendant association was incorporated in 1894. Prior to that time, it existed as a voluntary association of individuals. The plaintiff became a member of the association and the -holder of a certificate therein, in March, 1893. The certificate provides:

“That Mason H. Kirk, ... is entitled to participate in the Benefit Fund . . ., subject to all the conditions on the…