Legal Opinion

White v. Brotherhood of American Yeomen

Supreme Court of Iowa

Decided June 8, 1904PublishedCited by 26 opinions

Appeal from Jasper District Court.— Hon. B. W. Preston, Judge. The defendant is a mutual benefit association organized under the laws of this. State. A. J. White held a certificate of membership therein, by the terms of which the defendant undertook to pay to Florence H., White, who was then his wife, the sum of $1,000 upon his death. Thereafter Florence H. White was divorced from the' member, A. J. White, and he married the appellee herein.

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Appeal from Jasper District Court.— Hon. B. W. Preston, Judge. The defendant is a mutual benefit association organized under the laws of this. State. A. J. White held a certificate of membership therein, by the terms of which the defendant undertook to pay to Florence H., White, who was then his wife, the sum of $1,000 upon his death. Thereafter Florence H. White was divorced from the' member, A. J. White, and he married the appellee herein. He died without having changed his beneficiary, and Lillian White, his widow, brought this suit to recover on the certificate. Florence H. Easter,…

1Opinion of the CourtSherwin, J.

As will be noticed from the facts stated, the contest is between the widow, Lillian White, and the divorced wife, who is the beneficiary named in the certificate, and who was at the time it was issued the wife of A. J. White.

1. Beneficiaries. The undertaking of the contract was to pay the sum therein named to Florence H. White, related to the member' as wife. Section 1824 of the Code provides as follows: “ No fraternal association created or organized , . , , . under the provisions oi this chapter shall issue any certificate of membership to any person under the age of fifteen years, nor over…

2Cases cited5 opinions

  1. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  2. Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  3. Courtois v. Grand Lodge of Ancient OrderCalifornia Supreme Court · 1902
  4. McGrew v. Mutual Life InsuranceCalifornia Supreme Court · 1901
  5. Overhiser v. OverhiserColorado Court of Appeals · 1899

3Cited by26 opinions

  1. Lynch v. BogenriefSupreme Court of Iowa · 1976
  2. Snyder v. Supreme Ruler of the Fraternal Mystic CircleTennessee Supreme Court · 1909
  3. Thomas v. Locomotive Engineers' Mutual Life & Accident InsuranceSupreme Court of Iowa · 1921
  4. Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
  5. Green v. GreenCourt of Appeals of Kentucky · 1912

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