60 Minn. 308 | Minn. | 1895
The defendant, during the times herein stated, was and is a corporation, having jurisdiction and control of many subordinate unincorporated voluntary associations, designated as “groves,” of which the North Star G-rove No. 4 of Minnesota, United Ancient Order of Druids, is one. On and prior to September 1, 1890, Eugene Finch, then the husband of the plaintiff, was a member of grove No. 4, which was his subordinate grove, and of the defendant corporation, in good standing, and so continued to be until his death ,on October 8, 1890. On July 10, 1890, the defendant organized, and ever since September 1, 1890, has collected from its members, and disbursed to the beneficiaries of its deceased members, a fund known as the “Widows’ and Orphans’ Fund.” Every member is required to contribute to this fund, and from it, at his death, his beneficiary is entitled to receive a sum equal to one dollar for each member of the order, not to exceed the sum of $2,000 (in this case admitted to be $800), according to the regulations and bylaws of the order. The following is the only portion of such bylaws here material:
“Sec. 5. On the death of a member in good standing, the benefit shall, first, go to the widow; second, to his children; third, to his parents; fourth, to his brothers and sisters; fifth, to his subordinate grove. Members are prohibited from making a will in regard to this benefit, as it shall be wholly ignored; but a member may, if he deem proper, change the order of the above-mentioned parties, and on proper evidence thereof, to the satisfaction and approval of the N. G-. A. and finance committee, the benefit will be paid to the parties so specially designated as beneficiaries, reserving the right at all times to see that it is not improperly' diverted from the parties who should receive the same, and to secure the same to the benefit of such proper parties. All questions arising under this section shall be settled by the N. G. A. and the finance committee, whose decision shall be final.”
The trial court found that Eugene Finch was entitled to the benefits of this widows’ and orphans’ fund; that the defendant, at his request that his subordinate grove should be named as his beneficiary, and that a certificate in the usual form, stating such fact, should be issued to him, did, in accordance with its custom and practice, issue and deliver to him a certificate of membership, signed
If the trial court’s construction of the defendant’s by-law was correct, then its rulings upon the admission of evidence excepted to by the appellant, and assigned as error, were also correct; for if the by-law imposes no limitations upon the right of a member to change the order of the beneficiaries therein named, and prescribes no method to be followed in making such change, it was competent to show that it was done in accordance with the custom and practice of the defendant in such cases. The evidence supports the findings of the court as to such custom and practice of the defendant. The appellant’s motion for amended findings, if it had been made in time, and was justified by the evidence, was properly denied; for the proposed finding was immaterial, in view of the construction given to the by-law.
The appellant’s other assignments of error present two questions for decision: (1) Could North Star Grove No. 4 be legally designated and take by that name as a beneficiary? (2) If so, was it properly designated such beneficiary?
2. Was it legally designated as such beneficiary? It is true, as claimed by appellant, that the constitution and by-laws of the defendant stand in place of a policy, and constitute the contract which determines the mutual rights and obligations of the parties, and that- it was not necessary that any certificate of membership should have been issued. Mills v. Rebstock, 29 Minn. 380, 13 N. W. 162. It is also true that, under the provisions of section 5 of such by-laws, Eugene Finch was.fully insured in the defendant order, and that appellant, as his widow, is entitled to the benefit, unless he changed the order of his beneficiaries, in accordance wdth the provisions of such by-law7,-or the usual practice of the defendant in such cases, if it is true that such by-law does not prescribe how such change must be made. Although the appellant stood first in the order of beneficiaries, by virtue of the provisions of the by-law, yet she had no vested right to remain first, because it wras expressly provided therein that the assured might change the order in which the benefit should be paid. Richmond v. Johnson, 28 Minn. 447, 10 N. W. 596; Hall v. Merrill, 47 Minn. 260, 49 N. W. 980. The answer to the question, whether or not there was a legal change made in the order of his beneficiaries by the assured, whereby the appellant was dis
Judgment affirmed.