Baker v. Mosaic Templars
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks,, Judge; 1. The court erred in its declaration of law and in refusing to declare the law as requested by plaintiffs. Appellees were the only heirs at law of Emma Baker, who designated no one as her beneficiary. But such designation was not necessary when deceased left living heirs. Kirby & Castle’s Dig., § 2850; 77 Hun, 6; 28 N. Y. S. 276; 29 Oh. St. 557; 24 Oh. Ct.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks,, Judge; 1. The court erred in its declaration of law and in refusing to declare the law as requested by plaintiffs. Appellees were the only heirs at law of Emma Baker, who designated no one as her beneficiary. But such designation was not necessary when deceased left living heirs. Kirby & Castle’s Dig., § 2850; 77 Hun, 6; 28 N. Y. S. 276; 29 Oh. St. 557; 24 Oh. Ct. Ct. 717; 114 111. 108; Act 462, Acts 1917, § 6. 2. The clause in the policy is against public policy. 98 Ark. 421. It is indefinite and uncertain. The will was a…
1Opinion of the CourtHumphreys, J.
Appellants instituted suit in the Third Division of the Pulaski Circuit Court on the 30th day of March, 1918, against appellee, a fraternal benefit society organized under the laws of the State of Arkansas, to recover an amount alleged to be due them under the terms of an insurance policy issued by appellee on the life of their mother, who died on the 26th day of November, 1917.
Appellee denied any liability on the policy.
The cause was presented to the court, sitting as a jury, upon the pleadings, the policy and an agreed statement of facts, from which the court found that no liability existed…
2Cases cited5 opinions
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Woodmen of the World v. JacksonSupreme Court of Arkansas · 1906
- Supreme Lodge Knights & Ladies of Honor v. JohnsonSupreme Court of Arkansas · 1907
- Cook v. Supreme Conclave Improved Order HeptasophsMassachusetts Supreme Judicial Court · 1909
- Worley v. Northwestern Masonic Aid Ass'nUnited States Circuit Court · 1882
3Cited by10 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Sovereign Camp Woodmen of the World v. ComptonSupreme Court of Arkansas · 1919
- Henry v. Knights & Daughters of TaborSupreme Court of Arkansas · 1922
- Mosaic Templars of America v. HearonSupreme Court of Arkansas · 1922
- Mosson v. Woodmen of UnionSupreme Court of Arkansas · 1924
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