Beeson v. Brotherhood of Locomotive Firemen & Enginemen

Citations

• 101 Kan. 399
• 166 P. 466
• 1917 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance— No Legal Beneficiary' Named— By-laws— Party Entitled to Proceeds of Certificate. Where the constitution and by-laws of a fraternal insurance brotherhood provide that if a member dies without haying a legally designated beneficiary the beneficiary shall be his widow if he leaves a widow, the administrator of the widow’s estate is entitled to collect on the beneficiary certificate if the widow dies before she has had time or opportunity to collect it herself.</p> <p>2. Same. The rights of a widow and of those who claim under her are as potent where she only survives her husband one hour as they would be if she survived him for a number of years.</p> <p>3. Same. Rules of equity can not be intruded in matters plainly and fully covered by positive statutes.</p>