Legal Opinion

Oklahoma Tribe No. 26 v. Musgrove

Superior Court of Delaware

Decided April 11, 1916No. 19Published

Action by Eugenia Musgrove against the Oklahoma Tribe No. 26, Improved Order of Red Men, begun in justice court, and appealed to the Superior Court. Action by Eugenia Musgrove, widow of George T. Musgrove, deceased, against Oklahoma Tribe No. 26, Improved Order of Red Men, of Lewes, Delaware, to recover balance of funeral benefits after paying funeral expenses, alleged to be due her from the tribe.

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Action by Eugenia Musgrove against the Oklahoma Tribe No. 26, Improved Order of Red Men, begun in justice court, and appealed to the Superior Court. Action by Eugenia Musgrove, widow of George T. Musgrove, deceased, against Oklahoma Tribe No. 26, Improved Order of Red Men, of Lewes, Delaware, to recover balance of funeral benefits after paying funeral expenses, alleged to be due her from the tribe. At the trial it was admitted that the deceased was a member of said tribe in good standing at the time of his death. Plaintiff based her claim upon the following by-law of the defendant tribe: “For…

1Opinion of the Court

Rice, J.,

charging the jury.

Eugenia Musgrove, the plaintiff in this action, seeks to recover from Oklahoma Tribe No. 26, Improved Order of Red Men of Lewes, Delaware, the defendant, for benefits due her from the order upon the death of her husband, George T. Musgrove.

The defendant admits that George T. Musgrove, the late husband of the plaintiff, was at the time of his death on October 9, 1913, a member of the order in good standing, and that there is now due to some one the sum of fifty-one dollars and forty-two cents, after the payment of the necessary funeral expenses.

The plaintiff claims…

2Cases cited3 opinions

  1. Delaware Lodge No. 1 v. AllmonSuperior Court of Delaware · 1897
  2. Gorman v. CarrSuperior Court of Delaware · 1908
  3. King v. Wynema Council No. 10Superior Court of Delaware · 1911

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