75 Mo. App. 402 | Mo. Ct. App. | 1898
The plaintiff, a fraternal-beneficial society, paid into court $2,000, the amount of the benefit certificate on the life of one of its members, and obtained a rule of interpleader between two rival claimants to the fund. The cause was submitted to the court without a jury upon the following agreed statement of facts.
*406 AmRemD slate' *405 “In the above cause in addition to the pleading in the cause it is admitted that on the 28th day of September, 1877, John A. Reneau applied for membership in Lodge No. 27, Clarksville, Mo., said lodge being a local or subordinate lodge of plaintiff and that at said time he, the said John A. Reneau, was single and*406 unmarried. That this application for membership in said lodge and the benefit certificate issued to him and hereto attached and made a part hereof, and that in both of said instruments M. J. Reneau, now Mrs. Mulherin, being the niece of said Reneau, is named as beneficiary therein. Ex. “A” and Ex. “B.”
“It is also admitted that the said John A. Reneau, thereafter on the 9th day of April, 1878, married Alice O. Reneau who remained his wife to the day of his death, and that on the 18th day of July, 1878, the said John A. Reneau revoked in writing on the back of the beneficiary certificate, issued to him Oct. 6th, 1877, aforesaid by plaintiff the appointment of said M. J. Reneau, now Mrs. Mulherin, and named as his beneficiary under said beneficiary certificate his wife, Alice O. Reneau, and that he caused said change of beneficiary so made by him in said beneficiary certificate to be attested by John A. Wirick, the recorder of said local lodge as will appear from the indorsement on the back of said beneficiary certificate and made a part hereof.
“It is admitted that to the marriage between John A. Reneau and Alice Reneau two children were born and now living.
“It is further admitted, if regarded as competent by the court, that for the last ten years the said Alice O. Reneau has paid all the assessments made against John A. Reneau, to keep the policy alive and in force.
“And it is further agreed that the plaintiff herein, the Grand Lodge of the Ancient Order of United Workmen, disclaims any interest in the fund in controversy but comes into court and makes no defense to the claims of the rival interpleaders, other than is set out in their bill of interpleader filed herein, and asks leave and does pay the amount named in said policy to*407 said John A. Reneau into court to be awarded by the court to the rightful interpleader herein.
“It is also admitted that the plaintiff is a fraternal or charitable order organized under the laws of the state of Missouri, and it is agreed that the constitution and by-laws of said order from 1877 to the death' of said Reneau are a part of this agreed statement of facts, and that the Grand Lodge had the right to pass all necessary rules and laws governing the local lodges and members thereof, for the protection of its members and the local and grand lodge.
“It is admitted that the following were the objects and purposes of the order at the time when said Reneau became a member thereof, and when he attempted to change the name of the beneficiary.
“ ‘objects of the obdeb.
“ ‘Pretermitting all reference to nationality, political opinions or denominational distinctions or preferences, but believing in the existence of a God, the Creator and Preserver of the Universe, and recognizing as a fundamental principle that usefulness to ourselves and others is a duty which should be the constant aim and care of all, the following are submitted as to the aims and purposes of the “Ancient Order of United Workmen
“ ‘First. To embrace and give equal protection to all classes and kinds of labor, mental and physical; to strive earnestly to improve the moral, intellectual and social condition of its members; to endeavor by wholesome precepts, fraternal admonitions and substantial aid, to inspire a due appreciation of the stern realities and responsibilities of life. Second. To create a fund for the benefit of its members during sickness or other disability, and in case of death to pay a stipulated sum to such person or persons as may be*408 designated by each member, thus enabling him to guarantee his family against want. Third. The adoption of such secret work and means of recognition as will insure the protection of its members wherever the order may exist. Fourth. To hold lectures, read essays, discuss new inventions and improvements, encourage research in art, science and literature, and, when practicable, maintain a library for the improvement of the members.
“And it is admitted that the following was the bylaw concerning the change of beneficiary in 1877 at the time said Reneau became a member and also the amendments and dates of amendments as follows, to wit:
“ ‘Any member holding a benefit certificate desiring at any time to make a new direction as to its payments may do so by authorizing such change in writing on the back of his certificate in the form prescribed, attested by the recorder with the seal of the lodge attached, and by the payment to the Supreme Lodge of the sum of fifty cents.’
“That thereafter on the 25th of March, 1878, the following amendment to the above law, having previously been legally adopted, was promulgated :
“Add the words, ‘But no change of direction shall be valid or have any binding force or effect until such change shall have been reported to the Supreme Recorder, the old certificate filed with him, and a new benefit certificate issued thereon.’
“It is further agreed that the Grand Lodge, the plaintiff herein, was never notified of the change of beneficiary so made by said John A. Reneau on the 18th day of July, 1878, and that the 'fifty cents required was never paid to the Grand Lodge, nor was the original beneficiary certificate ever surrendered to the recorder of the Grand Lodge, or a new certificate*409 ever requested, but that said Reneau retained said original certificate to the date of his death which occurred on the 27th day of May, 1897.
“It is further agreed, if competent, that the Grand Lodge was not notified of the change of beneficiary and the fifty cents paid and old certificate surrendered, because neither said Reneau or the officers of the local lodge knew it was the law or necessary to be done.
“Sam Sparrow,
“J. D. Hostetter,
“Att’ys for Interpleader M. J. Mulherin.
“D. A. Ball,
“Att’y for Interpleader Alice C. Reneau.”
The court rendered judgment in favor of inter-pleader Mrs. M. J. Mulherin, and against the wife of the deceased member. The latter appealed.
The intention of the husband to make his wife, and the mother of his children, the recipient of the insurance on his life, was evidenced by his express direction to that effect put upon the back of the certificate and signed and attested in the most solemn form. It sprang from obligations of the highest nature, and should be effectuated by a court of equity, if capable of enforcement. Hofman v. Grand Lodge, No. 7018, this court, unreported. As the plaintiff order accepted the wife as the beneficiary of its certificate during the life of her husband, and has interposed no defense to her claim since his death, we think the former beneficiary is precluded from so doing. Our conclusion is that the fund in controversy should be paid to the widow of the deceased. The judgment is reversed and the cause remanded, to be proceeded with in conformity with this opinion.