Burke v. Modern Woodmen of America
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order refusing to vacate the judgment and to enter in lieu thereof a different judgment. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, J.
In March, 1900, R. H. Burke, then a single man, became a member of the local camp of the Modern Woodmen of America, and took a benefit certificate for $2,000, payable on his death to “his legal heirs related to said member in relationship of heirs.” He afterward married the plaintiff, and after such marriage he made a will which contained the following clause: “I hereby expressly give, devise, and bequeath unto my said wife, Alice S. Burke, all sums of money that may be due at my death upon policy No. 621,457, issued by the Modern Woodmen of America, dated March 8,1900, and I hereby authorize…
2Cases cited10 opinions
- Hochstein v. BerghauserCalifornia Supreme Court · 1899
- Wilburn v. WilburnIndiana Supreme Court · 1882
- Sheehy v. MilesCalifornia Supreme Court · 1892
- Cooper v. WilderCalifornia Supreme Court · 1896
- Wittenbrock v. WheadonCalifornia Supreme Court · 1900
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3Cited by7 opinions
- Shaw v. Board of AdministrationCalifornia Court of Appeal · 1952
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
- Dickey v. WalrondCalifornia Supreme Court · 1927
- Estate of WelferCalifornia Court of Appeal · 1952
2 more not listed; retrieve them via the Exa API.