Cook v. Supreme Conclave Improved Order Heptasophs
Massachusetts Supreme Judicial Court
Contract upon a certificate of fraternal benefit insurance. Writ in the Superior Court for the county of Suffolk dated April 28, 1908. The material portions of the amended declaration were as follows: “ The plaintiffs say that Ephraim Provo . . . died on April 28,1907, testate; . . . that the plaintiffs were duly app'ointed executors of [his] will; . . . that on February 21, 1899, . . . the defendant issued and delivered to said Ephraim Provo upon his request and application…
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Contract upon a certificate of fraternal benefit insurance. Writ in the Superior Court for the county of Suffolk dated April 28, 1908. The material portions of the amended declaration were as follows: “ The plaintiffs say that Ephraim Provo . . . died on April 28,1907, testate; . . . that the plaintiffs were duly app'ointed executors of [his] will; . . . that on February 21, 1899, . . . the defendant issued and delivered to said Ephraim Provo upon his request and application a benefit certificate or policy of insuranee for the amount of $2,000, whereby the defendant promised and bound itself…
1Opinion of the CourtHammond, J.
This is an action upon a death benefit certificate issued by the defendant, a fraternal beneficiary corporation, to one Ephraim Provo, a member of the order, in which certificote the only beneficiary named was his wife. She died before him, and he did not designate any other beneficiary. The defendant filed a demurrer which was sustained in the Superior Court, and the case is before us upon a report: “ such order to be made as justice requires.”
The law in force at the time the certificate was issued, so far as respected the death fund, was St. 1888, c. 429, §§ 8, 9. It is *87alleged in the…
2Cases cited8 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
- Bancroft v. RussellMassachusetts Supreme Judicial Court · 1892
- Haskins v. KendallMassachusetts Supreme Judicial Court · 1893
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3Cited by6 opinions
- Supreme Colony v. TowneSupreme Court of Connecticut · 1914
- Baker v. Mosaic TemplarsSupreme Court of Arkansas · 1918
- Smith's Administrator v. HatkeSupreme Court of Virginia · 1913
- Barnett v. Brotherhood of Railroad TrainmenAppellate Court of Illinois · 1927
- Saviczki v. Polish National Kosciuszko Ass'n of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 1928
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