56 Ind. App. 206 | Ind. Ct. App. | 1913
On March 27, 1896, The Supreme Tribe of Ben Hur issued a beneficial certificate in the sum of $1,250 to Elizabeth D. Grubb in which her mother Emma Grubb was named as the beneficiary. On September 16, 1908, Elizabeth D. Grubb attempted to change the beneficiary under the certificate held by her, and to substitute her fiance, John J. Darter, Jr. The assured died on December 10, 1908. After the death of the assured The Supreme Tribe of Ben Hur filed a bill of interpleader making the appellant John J. Darter, Jr., and appellee, Emma Grubb, parties defendant. By this bill of interpleader The Supreme Tribe of Ben Hur admitted its liability under the certificate for the full amount of $1,250, and alleged that each of the defendants was claiming to be the beneficiary and to be entitled to receive the insurance due under such certificate. It paid the money into court and asked that the defendants be required to interplead and that the court should determine as between them, which was entitled to receive the money. The court made the order and the defendants filed pleadings and formed issues under which the court made a special finding of facts and pronounced its conclusions of law thereon, and rendered judgment in favor of the mother, Emma Grubb.
*209 “If a member desires to change his beneficiary or beneficiaries named in his certificate, he shall indicate the same in the blanks as provided on the back of his certificate, inserting and signing his name in full, in ink, just as written in the face of the certificate, and inserting the full name or names of his new beneficiary. His signature must be attested by the scribe of his court, and he shall pay the fee of fifty cents to the scribe, who shall forward said fee together with the certificate to the supreme scribe for the approval and official endorsement of said change.”
The facts specially found further show that Elizabeth D. Grubb filled out and signed the blanks on the back of her certificate, inserting the name of her new beneficiary and that the scribe of the local court of which she was a member attested the signature and affixed the seal of the local court. She did not, however, deliver the certificate to the scribe of the local court to be forwarded to the supreme scribe for his approval and official endorsement, and it never was so delivered or forwarded. It further appears from the facts found, that one John C. Snyder was the supreme scribe whose duty is was to approve and make the official endorsement of all changes of beneficiaries; and that he had delegated this power to one Minnie Brown, who was, at the time, employed as registry clerk and had authorized her to approve such transfers and to make the official endorsement and affix his signature thereto. On September 16, 1908, Minnie Brown was taking her vacation and Elizabeth D. Grubb was doing her. work in her absence. On that day Elizabeth D. Grubb, in the absence of both John C. Snyder and Minnie Brown, endorsed the approval of the supreme scribe to the change of the beneficiary endorsed upon her own certificate and signed John C. Snyder’s name thereto and affixed the seal of The Supreme Tribe of Ben Hur. She also changed the card index kept by the supreme lodge so as to show the change of beneficiary in her certificate. Appellant claims that the facts found by the court show that
We do not consider it necessary to set out all of the facts found bearing upon the question of authority of Elizabeth D. Grubb to approve the change of beneficiary in question. It is sufficient to say that the facts so found have been carefully considered and that the court is of the opinion that they fully warranted the trial court in reaching the conclusion that she did not possess such authority. Judgment affirmed.
Note. — Reported in 102 N. E. 843. As to the formalities essential to changing beneficiary from the one named in certificate, see 19 Am. St. 790. As to changing designation in benefit certificate otherwise than in prescribed method, see 15 L. R. A. 350. See, also, under (1) 31 Cyc. 72; (2) 29 Cyc. 232, 130; (3) 38 Cyc. 1985; (4) 3 Cyc. 347.