Wirtele v. Grand Lodge, Ancient Order of United Workmen

' Mrs. Christina Wirtele began this action against the Ancient Order, of United Workmen, a fraternal beneficiary society, to recover $2,000 as the beneficiary named in a certificate of insurance issued by defendant to Christian *304Wirtele, her late husband. A jury was waived -and the ease was tried on an agreed statement of facts. Plaintiff recovered judgment for $2,162.52. Defendant appealed.

Since the appeal was perfected Mrs. Christina Wirtele died at Rotenburg, Germany, on or about November 2, 1920. Thereupon administration proceedings upon her estate were instituted in the county court of…