Legal Opinion

Modern Woodman of America v. Hester

Supreme Court of Kansas

Decided January 10, 1903No. 12,873PublishedCited by 24 opinions

Error from Douglas district court; C. A. Smart, judge. STATEMENT. On August 30, 1898, the Modern Woodmen of America, a fraternal beneficiary society, incorporated under the laws of the state of Illinois and doing business in the states of Kansas and Missouri, issued to J. A. Keneaster a beneficiary certificate payable at his death to his children, Bessie, Fannie, and Harriet, all under the age of fourteen years.

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Error from Douglas district court; C. A. Smart, judge. STATEMENT. On August 30, 1898, the Modern Woodmen of America, a fraternal beneficiary society, incorporated under the laws of the state of Illinois and doing business in the states of Kansas and Missouri, issued to J. A. Keneaster a beneficiary certificate payable at his death to his children, Bessie, Fannie, and Harriet, all under the age of fourteen years. Keneaster was an express messenger, running regularly from Kansas City, Mo., to Arkansas City, Kan. Eda May Keneaster was his wife and the mother of his children, and all members of…

1Opinion of the Court

The opinion of the court was delivered by

Burch, J. :

Before their separation the husband and wife were domiciled in Missouri. Under the evidence, it is doubtful if the husband ever changed his domicile to Kansas. If he did so, her domicile changed with his, unless he deserted her under such exceptional circumstances as to authorize her to establish a domicile of her own. In that event her domicile continued to be in Missouri. (Town of Watertown v. Graves, 50 C. C. A. 172, 112 Fed. 183, 56 L. R. A. 865, and cases cited .in the opinion.) , If, however,, the domicile of the wife became that of…

2Cases cited10 opinions

  1. New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
  2. Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
  3. Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
  4. Lacy v. WilliamsSupreme Court of Missouri · 1858
  5. Town of Watertown v. GreavesCourt of Appeals for the First Circuit · 1901

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3Cited by24 opinions

  1. Rogers v. EdwardsSupreme Court of Kansas · 1948
  2. Ford v. PeckSupreme Court of Kansas · 1924
  3. States ex rel. Devenuto v. CurranCourt of Appeals for the Second Circuit · 1924
  4. Long v. TalleySupreme Court of Oklahoma · 1921
  5. Connell v. MooreSupreme Court of Kansas · 1904

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