Walsh v. Sovereign Camp of the Woodmen of the World
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Robt. M, Foster and Eon, Qeo. E, Williams^ Judges, (1) Where the rules of a fraternal beneficial association prescribe a method for a change in the beneficiary, such method is exclusive, and must be strictly followed. Coleman v. K. of H., 18 Mo. App. 189; Head v. Supreme Council, 64 Mo. App. 212; Hoffman v. Grand Lodge, 73 Mo. App. 77; Wallace v. Life Assn., 80 Mo. App. 102; Ross v. Gd. Lodge, 86 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Robt. M, Foster and Eon, Qeo. E, Williams^ Judges, (1) Where the rules of a fraternal beneficial association prescribe a method for a change in the beneficiary, such method is exclusive, and must be strictly followed. Coleman v. K. of H., 18 Mo. App. 189; Head v. Supreme Council, 64 Mo. App. 212; Hoffman v. Grand Lodge, 73 Mo. App. 77; Wallace v. Life Assn., 80 Mo. App. 102; Ross v. Gd. Lodge, 86 Mo. App. 621; Flowers v. Sovereign Camp, 90 S. W. 526; Niblack on Ben. Ins., sec. 220; Bacon on Ben. Soc., 307; Holland v. Taylor, 111 Ind. 127; 3 Am.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The conclusion of the learned trial judge on the issue of soundness of mind of Patrick Walsh being supported by ample testimony in the case will not be disturbed by us. He had the witnesses before him, heard them testify, was able to determine the weight to be given to their testimony, especially in ease of conflict as there was here, and while we are not bound by his finding, that finding on the facts is always very persuasive and will *191ordinarily be followed by us. The issue of soundness of mind, we, therefore, hold is concluded by the finding of the learned…
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