183 Iowa 381 | Iowa | 1918
Section 1824 of the Code- of Iowa requires that the beneficiary named in a certificate of membership issued by any fraternal association or organization, under the laws of Iowa, shall be the husband, wife, relative, legal representative, heir, or legatee of such member.
It is the contention of counsel for appellant that Tilghman J. Booz was an illegitimate child, and not within any of the classes designated. This action is brought by Frank G-. and Ethel M. Booz, who claim they are the legal heirs at law of Thomas S. Booz, and entitled, as such, as well as beneficiaries, to the benefits of said certificate. Tilghman J. Booz, the Royesford Trust Company of West Chester, Pennsjdvania, as his guardian, and the Mutual Benefit Department of the Order of Railway Conductors of America are made defendants herein.
The Order of Railway Conductors admits, in its answer, that it issued the certificate in question; that there was a change of beneficiary, as claimed; that it consented thereto; and that Tilghman J. Booz is the beneficiary therein designated; and avers its willingness and ability to pay' the insurance to the proper beneficiary, when the same has been ascertained by the court.
It is contended by counsel for appellant: First, that Tilghman J. Booz is not an heir or relative of Thomas S. Booz; ánd, second, that the insured, at the time of his death, was a resident of Pennsylvania; that he died intestate; and that his legal heirs are to be determined according to the laws of Pennsylvania; that an illegitimate child could not inherit at common law; and that, in the absence of proof to the contrary, it must be presumed that the common law is still in force in that state, and therefore that Tilghman J. Booz is not an heir of his putative father’s.
I. The application for a change of beneficiary was in writing, signed and sworn to by Thomas S. Booz. In it,
The defendant order makes no contention that Tiighman J. Booz does not come within the class designated by the statute as proper beneficiaries in a certificate of the character in question. The right of the beneficiary named in said certificate must be determined according to the law of Iowa, and not according to the law of Pennsylvania. The proceeds of the certificate do not pass to Tiighman J.
It is true that appellants were originally designated as beneficiaries in the certificate; but the insured exercised his right, under the terms of the certificate, to change the beneficiary, and caused the name of Tilghman J. Booz to be substituted for that of appellants. If the proceeds of the certificate passed to the estate of Thomas S. Booz, a different question might be presented; but the rights of the parties herein rest upon contract, and must be determined according to the laws of this state. The contract was, in all respects, legal in this state, and must be carried out according to its terms.
Other questions discussed by counsel are not controlling or material to appellants. It therefore follows that the judgment of the lower court must be.and is — Affirmed.