Sovereign Camp, W. O. W. v. Hoehn
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action by Lena Hoehn against the Sovereign Camp of Woodmen of the World upon a benefit certificate issued upon the life of William Herrick, in which she was named beneficiary. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action by Lena Hoehn against the Sovereign Camp of Woodmen of the World upon a benefit certificate issued upon the life of William Herrick, in which she was named beneficiary. Judgment for plaintiff, and defendant appeals. A person cannot be named as a beneficiary of a member of a fraternal order, unless be comes within the class provided by law and the rules and regulations of the society, and a person not a dependent cannot be named as a beneficiary. Acts 1911, p. 700; 145 Ala. 301, 40 South. 411; 153 Mass. 314, 26 N. E.…
1Opinion of the CourtSomerville, J.
In general conformity with section 6 of the Act of April 24, 1911 (Gen. Acts 1911, p. 700),. defendant’s constitution provides that death benefits are payable to the person named by a member in the certificate as his beneficiary, “which beneficiary shall be bis wife, children, adopted children, parents, brothers and sisters or other blood relatives, or to persons dependent upon the member.” Plaintiff was not related to the deceased member by blood or marriage, or by adoption, and her right to recover the benefit in question depended upon her status of dependency upon the deceased.
[1-3] This…
2Cases cited4 opinions
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Caldwell v. Grand Lodge of United Workmen of Cal.California Supreme Court · 1905
- Morey v. MonkSupreme Court of Alabama · 1906
- Sovereign Camp of Woodmen of the World v. NoelSupreme Court of Oklahoma · 1912
3Cited by2 opinions
- Frank v. FrankSupreme Court of Alabama · 1923
- Gillespie v. Modern Woodmen of AmericaWest Virginia Supreme Court · 1926