81 Mo. App. 598 | Mo. Ct. App. | 1899
The Supreme Council of Legion of Honor is a Fraternal Benevolent Association, working under a lodge system, and was incorporated under the laws of Missouri. Prior to February 28, 1894, Guy G. Renick was a member of the order and had received a benefit certificate No. 4007,. payable to his wife on his death. On February 28, 1894, his wife having died he surrendered certificate No. 4007 and took out a new one, No. 7987, in which Anna R. Neidelet was designed as the beneficiary. On March 12, 1898, Renick died, in good standing with the -order. Proofs of his death were duly made and furnished the order. He left surviving him as his only heir at law Guy R. Reni-ck, his only child, a minor. Mrs. Neidelet and this heir -appeared as rival claimants for the benefit fund evidenced by the certificate. Mrs. Neidelet claimed -as the designated beneficiary and as a blood relative of the deceased, and as a dependent member of his family. Guy R. Renick claimed as heir at law, and denied that Mrs. Neidelet was a dependent member of his father’s family and that she was not such a person as could receive the benefit under the laws of the order. On account of these rival claims, the order filed its petition in court, setting out the facts in detail; that the benefit was due to one or the other of the rival claimants, asking that it be permitted to pay the
Sec. 2. “Each member shall enter upon his application the name or names of the members of his family or those dependent upon him, to whom he desires his benefit paid, subject to such further disposal of the benefit among his dependents as the member may direct, and the same shall be entered in the benefit certificate.”
Sec. 3. “A member may at any time, when in good standing, surrender his benefit certificate, and a new certificate shall thereafter be issued, payable to such beneficiary or beneficiaries dependent upon him as such member may direct, upon the payment of a certificate fee of fifty cents.”
Sec. 5. “In the event of the death of all the beneficiaries selected by the member before the decease of such member if he shall make no other or further disposition thereof, the benefit shall be paid to the heirs of the deceased member, dependent upon him, and if no such person or persons shall be entitled to receive such benefits by the laws of the order it shall revert to the relief fund.”
Appellant produced oral testimony tending to prove that Guy G. Renick, about five years prior to his death, moved to her house in the city of St. Louis, bringing with him his household goods and his minor child, and continued to reside with her until his death; that during the period of his residence with her he paid her from time to time $600 or $700, which went toward the support of her family; that he was not a boarder, but was given a home at the house of Anna Neidelet
Under the laws of the' order as they existed when the certificate was issued, the beneficiaries were confined to members of the family, or those dependent on the member, to whom the certificate was issued. The learned circuit judge found that Anna Neidelet was neither a member of Guy G. Benick’s family, nor dependent upon him. The Act of 1897 concerning Fraternal and Benevolent Associations (Session Acts 1897, p. 132), it seems was not noticed or called to the attention of the circuit court on the trial. It is conceded here that if the benefit certificate is to be governed by. that Act, Mrs. Neidelet being a blood sister of Guy G. Benick, is entitled to the benefit. It is also conceded that the order has not reincorporated under the Act of 1897, nor so amended its laws in regard to who may be beneficiaries of its bounty, as to conform to the Act. Section 1 of the Act of 1897, provides that “payments of death benefits shall be to the families, heirs, blood relatives, affianced husband or wife, or to persons dependent upon the member.” While Guy G. Benick lived the benefit certificate was but an expectancy, as no vested