91 Minn. 235 | Minn. | 1904
The facts in this case are as follows: William Forrest was in his lifetime a member of the A. O. U. W., a mutual fraternal insurance society, holding a policy therein for $2,000, payable, by its express terms, at his death, to his widow. Thé by-laws of the society in force
The contention on the part of the nieces and nephew is that the grandniece does not come within the meaning of the by-laws providing for the distribution of the fund, and is entitled to no part of it. It is contended on their behalf that the word “issue,” as used in the fifth subdivision of the by-laws above referred to, means children, as distinguished from descendants generally; that, as the nieces and nephew are the only living children of deceased sisters of Forrest, they are entitled to the whole fund.
The question is to be determined by a construction of the fifth subdivision of the by-laws above quoted, providing for the payment of the amount of the policy to the brothers and sisters, “or to their living issue according to the right of representation.” The intention of the parties must control this question. A careful examination of the various provisions of the by-laws referred to leaves no room for serious doubt that the fifth subdivision was intended to refer to descendants of deceased brothers and sisters, and that the phrase “their living issue”
Again, there is a further reason why this construction is a proper one. The by-laws provide that, in case there be no next of kin to whom the money may be paid, the same shall revert to, and become the property of, the society. It was clearly the intention of the society, and of the members joining it, that the beneficiary fund should be paid to some next of kin of the members, and that it should not revert to the society, except there be no such next of kin, near or remote. An interpretation óf the by-laws which would prevent such a result should not be adopted, except the plain language demand it. Every presumption and inference favors the construction that the parties intended the money to revert to the society only in case there were no next of kin at all. The fifth subdivision, if construed as a designation of lineal descendants of deceased brothers and sisters as beneficiaries, will be in harmony with this theory — the evident intent of the parties. We so construe it, and hold that respondent, the grandniece of deceased, is entitled to her grandmother’s share of the money in question. The expression “by right of representation” means in the right of the ancestor through whom the respondent takes.
The money due under the policy, on the facts shown, belonged to the four sisters of the deceased; and the parties to this action, children, on the one hand, and a grandchild, on the other, of such deceased sisters, take, the share belonging to each. In other words, they stand in the place of, and represent, so far as the distribution of the fund is
Judgment affirmed.