Grand Lodge Ancient Order of United Workmen v. Ross
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) It is the settled law that a beneficiary association may prescribe a method by which a new designation may be made, and if so made, it is valid. (2) The grand lodge having issued a new certificate and brought the fund into court, the claimant under the old certificate can not question the regularity of the new direction. Benefit Ass’n v. Bunch, 109 Mo. 560, and cases cited; Coleman v. Sup. Lodge, 18 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) It is the settled law that a beneficiary association may prescribe a method by which a new designation may be made, and if so made, it is valid. (2) The grand lodge having issued a new certificate and brought the fund into court, the claimant under the old certificate can not question the regularity of the new direction. Benefit Ass’n v. Bunch, 109 Mo. 560, and cases cited; Coleman v. Sup. Lodge, 18 Mo. App. 189; Grand Lodge A. O. U. W., 15 Mo. App. 402. (3) The new designation, though it be ineffectual, had the effect of an…
1Opinion of the CourtBroaddus, J.
The allegations of the petition are that the plaintiff is a fraternal-benevolent association under the laws of Missouri; that on the seventeenth of May, 1894, one Wm. J. Ross became a member of Averill Lodge No. 388, one of its local or subordinate lodges located at Kansas City, Missouri; that one of the objects of plaintiff order is to pay to the legally designated beneficiaries of a deceased member, two thousand dollars; that under the laws of the order, any member may change the beneficiary and obtain a 'new benefit certificate by complying with certain formalities required by its laws;…
2Cases cited5 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Head v. Supreme Council of Catholic Knights of AmericaMissouri Court of Appeals · 1895
- Grand Lodge of Ancient Order of United Workmen v. ReneauMissouri Court of Appeals · 1898
- Murdock v. DalbyMissouri Court of Appeals · 1882
3Cited by5 opinions
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- Persons v. Prudential Ins. Co. of AmericaSupreme Court of Missouri · 1950
- Ables v. AckleyMissouri Court of Appeals · 1908
- Grand Lodge, Ancient Order of United Workmen v. O'MalleyMissouri Court of Appeals · 1905
- Henderson v. Modern Woodmen of AmericaMissouri Court of Appeals · 1912