28 Minn. 447 | Minn. | 1881
This action was commenced against the Grand Lodge Ancient Order United Workmen of the state of Minnesota. As the association admitted the debt, and as it was claimed, both by the plaintiff as administrator of the estate of Charles H. Richmond, deceased, and the present defendant, as administrator of the estate of
Upon Charles H. Richmond becoming a member, a certificate of membership was issued to him, of which the essential portion is as follows: “That brother C. H. Richmond, a master-workman-degree member of Advance Lodge No. 6, of said order, located at Minneapolis, in the state of Minnesota, is entitled to all the rights and privileges of membership in the Ancient Order of United Workmen, and to participate in the beneficiary fund of the order to the amount of $2,000, which sum shall, at his death, be paid to his wife, Eva K. Richmond. This certificate is issued upon the express condition that said C. TL Richmond shall in every particular, while a member of said order, comply with all the laws, rules and requirements thereof.” Charles H. Richmond had this certificate in his sole possession till his death, and then it passed to his administrator. Eva K. Richmond died before Charles H., leaving a father, but no issue, and defendant is administrator of her estate. Charles H. died in February, 1881, leaving a mother, and brothers and sisters, but no issue, and plaintiff is his administrator. The question in this case is, was the right to participate in the beneficiary fund the property of Eva K., so as, upon her death, to pass to her representatives ?
The cases of Ricker v. Charter Oak Life Ins. Co., 27 Minn. 193, and Allis v. Ware, ante, p. 166, are cited as controlling the decision.
Order affirmed.