Lister v. Lister
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. G-. E. Longan, Judge. (1) The preamble and section 47 of the constitution clearly show that the object, scope and purpose of establishing and maintaining a beneficiary department was to provide relief for a particular class, viz., the family of a deceased member. Being so limited by the organic law of the society, the member has no power to designate a person not coming within the class.
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Appeal from the Pettis Circuit Court. — Hon. G-. E. Longan, Judge. (1) The preamble and section 47 of the constitution clearly show that the object, scope and purpose of establishing and maintaining a beneficiary department was to provide relief for a particular class, viz., the family of a deceased member. Being so limited by the organic law of the society, the member has no power to designate a person not coming within the class. And although a person so designated may be of such class at the time of such appointment, yet if at the time of the death of the member is not within the class,…
1Opinion of the CourtEllison, J.
David P. Lister was a member of the order of the Grand Lodge of Locomotive Engineers at the time of his death, and held a beneficiary certificate for $1,500, payable to plaintiff Helen, his mother. Defendant is David’s widow, and the lodge having-paid into court the amount of the certifi- "*■ cate, these two parties' interplead for it. The trial court gave judgment in favor of plaintiff, the mother, she being the beneficiary named as aforesaid. When the certificate was issued David was unmarried and was living with Helen, his mother. Afterward he married defendant Ida, and they thenceforth…
2Cases cited6 opinions
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
- Order of Railway Conductors v. KosterMissouri Court of Appeals · 1893
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3Cited by10 opinions
- Earney v. ClayMissouri Court of Appeals · 1974
- State Ex Rel. Kemp v. ArnoldMissouri Court of Appeals · 1938
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
- Vanasek v. Western Bohemian Fraternal Ass'nSupreme Court of Minnesota · 1913
- Nitsche v. Security Benefit Assn.Montana Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.