47 Misc. 101 | N.Y. App. Term. | 1905
This is a contest for the proceeds of a benefit certificate between the wife and mother of a deceased member of Manhattan Lodge No. 137 of the Knights and Ladies of the Golden Star, a New York branch of a
On January 31, 1902, Frederick Klee became a member of the branch, and in the beneficiary, certificate issued to. him named his wife, the plaintiff, as the person to whom the benefit of $5.00 should be paid- on his death. One year later the plaintiff abandoned her husband, running off with a boarder in their household and taking with her all the effects, including the benefit certificate. Thereupon, Frederick Klee made an application for the cancellation of the first certificate making the required declaration as to its loss or disappearance. ■ Waiving its surrender, the association issued a new certificate to Frederick Klee in which he designated his mother, the defendant, as beneficiary. At the time- of his designation he was living in the- household of his mother, a very sick man, nursed by her until his death in July, 1903. The defendant claimed to- have paid the premiums on both certificates, but the plaintiff asserted that at least part of the moneys therefor was advanced 'by her. The association, on the rival claims of wife and mother, brought the money into court where the mother’s claim was upheld.
t I am of the opinion that if the defendant was a proper person to be designated as beneficiary the cancellation of the first certificate was effectual. Lahey v. Lahey, 174 N. Y. 146; Shipman v. Protected Home Circle, id. 409.
The association is incorporated under a general statute of the State of Flew Jersey making it lawful to pay death benefits:, according to rules and by-laws adopted, “ to the husband, wife, father, mother, son, daughter, brother, sister, and legal. representatives of such member.” 1 Gen. Stat. N. J., pp. 150, 159, § 24. Under this State law which is controlling and precludes the designation of other beneficiaries than those designated in the act, the certificate of incorporation provided for the payment of the benefit to the family, orphans or dependents as such members may direct.” These words “ family, orphans or dependents ” must be read in reference to the statute under which incorporation was had, as the coiq>oration has no authority to
I, therefore, conclude that the use of the term “ family>f in the certificate, was made in reference to the enumerated persons in the State statute, and that under the circumstances here disclosed the defendant was properly designated as a beneficiary. It follows, therefore, that the judgment should be affirmed.
Scott and Greenbaum, J.J., concur.
Judgment affirmed, with costs.