217 N.W. 755 | Mich. | 1928
This court has quite consistently held that mutual insurance companies such as defendant insure only their members, and that membership in such companies may not be obtained by estoppel, the latest speaking of the court being in the case ofCrank v. Insurance Co.,
Section 16 invoked by defendant is manifestly applicable to new policies. To hold that the heir did not become a member until and unless he took all the steps necessary to procure a new policy would render the provisions of section 14 meaningless and of no value. They were placed in the charter for a purpose and we think that purpose is obvious and should be given effect. They were placed there to prevent the lapsing of the policy on the death of the insured, to permit the heir to step into the shoes of the ancestor and by continuing the payment of the assessments to continue the insurance in force for his benefit. If the provisions of section 14 had this purpose, and we think they had, it necessarily follows that the provisions for forfeiture found in section 24 do not have reference *642 to a change of title occasioned by the death of the insured.
It is suggested rather than urged that plaintiffs took under the will rather than under the statute of descent, and, therefore, were not heirs. But we do not think the word "heirs" should be given so narrow or technical meaning. Speaking of that word, Mr. Justice COOLEY, who wrote for the court inHascall v. Cox,
"But in common speech the word is frequently used to indicate those who come in any manner to the ownership of any property by reason of the death of an owner, and may then include next of kin and legatees as well as those who take by descent."
The judgment will be affirmed.
NORTH, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred.
Chief Justice FLANNIGAN and the late Justice BIRD took no part in this decision.