Supreme Tent, Knights of the Maccabees of the World v. Altmann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jas. E. WithrowJudge. (1) It is elemental law that a member of a fraternal beneficiary society, such as the plaintiff in this case, has a right to change the beneficiary at will. The beneficiary has no vested rights, even if she pays the assessments, and it is immaterial what relationship the beneficiary sustains to the member.
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Appeal from St. Louis City Circuit Court. — Eon. Jas. E. WithrowJudge. (1) It is elemental law that a member of a fraternal beneficiary society, such as the plaintiff in this case, has a right to change the beneficiary at will. The beneficiary has no vested rights, even if she pays the assessments, and it is immaterial what relationship the beneficiary sustains to the member. The right of change is unrestricted, except by contract. 1. The right is conferred by statutes of this State. R. S. 1899, sec. 1417. 2. The right to change is reserved by the terms of the contract. The change takes…
1Opinion of the CourtBland, P. J.
1. The right of the holder of a benefit certificate of insurance, issued by a fraternal, beneficiary association, to designate a new beneficiary is not only provided for by the by-laws of the Maccabees but is secured by section 1417, Revised Statutes 1899. The provisions of this section renders nugatory the fact that Anna Altmann had the certificate in her possession and paid the dues thereon. Having- no vested interest in the certificate, the payment of the dues by her gave her no right or equity as beneficiary, therefore, it is of no influence in the proper determination of the rights of…
2Cases cited1 opinion
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
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