Cable v. Brotherhood of Railroad Trainmen

The opinion of the court was delivered, by

Harvey, J.:

This action was a contest between rival claimants for the proceeds of two beneficiary certificates issued by the Brotherhood of Railroad Trainmen, hereinafter called the Brotherhood, upon .the life of Henry Garbacz. The appellant, Marie Garbacz, claimed the proceeds upon the ground that she was the.common-law wife of Henry Garbacz at the time of his death. The trial court found against her on that claim, and she has appealed.

Henry Garbacz and Marie Garbacz were married’ at Chanute, December 5,1926. They had no children. On November 18,…