Maynard v. Vanderwerker
New York Supreme Court
Trial by the court of an action between rival claimants, brought in by order of interpleader, to recover moneys payable as a death benefit in a fraternal beneficiary society.
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Trial by the court of an action between rival claimants, brought in by order of interpleader, to recover moneys payable as a death benefit in a fraternal beneficiary society. On September 17, 1889, Ray R. Smalley became a beneficiary member in the Knights and Ladies of Honor, a fraternal beneficiary society, receiving a certificate in favor of her aunt, Angelina Vanderwerker, the defendant, which provided for payment of a death benefit of $3,000, and which certificate was delivered to the defendant. On September 6, 1890, the member married plaintiff, and about a month thereafter she executed…
1Opinion of the CourtBartlett, J.
The proof on the trial utterly failed to establish the defense that the request of Ray R. Maynard for the issue of a new certificate to her husband was obtained by fraud or undue influence, or that Mrs. Maynard was at the time mentally incapable of executing said paper.
I expressed an opinion to this effect at the close of the hearing, but reserved my decision in order to consider the evidence offered in support of the other defense, which was in effect that by reason of an agreement with her aunt in reference to her insurance, Mrs. Maynard had precluded herself from making any change in the…
2Cited by13 opinions
- Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
- Shoudy v. ShoudyCalifornia Court of Appeal · 1921
- Royal Arcanum v. RileySupreme Court of Georgia · 1915
- Grimbley v. HarroldCalifornia Supreme Court · 1899
- Cade v. Head Camp, Pacific Jurisdiction, Woodmen of WorldWashington Supreme Court · 1902
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