156 N.W. 581 | S.D. | 1916
This action was brought by plaintiffs, as the children' and heirs of one James. P. Christenson, deceased, against defendants, El Riad Temple of the Mystic Shrine o:f Sioux Falls and Mary Madson, to recover on a ’membership certificate of mutual insurance issued by El Riad Temple Widow’s and Orphans’ Fund to saiild James: P. Christenson. The plaintiffs and defendant Miary Madson claim to be entitled to the proceeds of such certificate. The amount due under the certificate was paid into, court by El Riad Temple, to be thereafter delivered and paid over to which of said parties the court should adjudge entitled thereto. The learned trial court found and adjudged in favor of defendant Mary Madson, and plaintiffs appeal.
The facts material to a disposition of this controversy are these: In the year 1909 James P. Christenson, who was unmarried1, caused and procured the El Riad Temple Widows’ and Orphans’ Fund to' issue to him the'mutual life insurance certificate in question, with defendant Mary M'aldson, also unmarried, named and designated therein as .the beneficiary. Some time prior to the issuance of said certificate Christenson' had been divorced from his w-ife, the mother of plaintiffs. There was no relationship existing between Christenson and Mary Madson other than that of friendship, .and that they were betroltlhed and engaged to be married at some future time. In June, 1912, Christenson made and executed a will by the term's of which he bequeathed to: said Mary Madson, as legatee, the proceeds of said policy or certificate upon his life, referring to her as the beneficiary therein mentioned. James P. Christenson died in December, 1912. The E'l Riad Temple Widows’ and Orphans’ Fund is a mutual assessment insurance association, organized! and existing under and' by virtue of tire law;s. of the state of South Dakota.
The judgment and order appealed from are affirmed.