Brotherhood of Railroad Trainmen v. Taylor

Citations

• 19 Ohio C.C. Dec. 171
• 9 Ohio C.C. (n.s.) 17

Syllabus

<p>CERTIFICATES OF BENEFICIAL INSURANCE.</p> <p>Jones, Walters and Cherrington, JJ.</p> <p>Divorce of the Beneficiary of a Certificate of Beneficial Insurance Precludes her Recovery Thereunder.</p> <p>On February 23, 1901, T became a member of a fraternal beneficiary association organized under Rev. Stat. 3631-11 ef seq. (see La.n. 5809 et seq.), and secured a certificate payable at his death to Alice B. Taylor, his wife, if living; if not, to his executors or administrators in trust for his heirs at law. Subsequently, in 1903, his wife secured an absolute divorce and was restored to her maiden name. , On December 8, 1905, T died intestate, having paid all assessments up to his death and having failed to designate another beneficiary. T left surviving him the plaintiff who was his mother and only heir at law. In a suit to recover death benefits wherein the divorced, wife, the administratrix and the association each claimed the same: Held,</p> <p>(1) Certificates issued under Rev. Stat. 3631-11 et seq. (see Lan. 5809 et seq.) must be made payable to such of the classes named therein; any other designation is invalid.</p> <p>(2) Having secured a divorce subsequent to the issuance of the certificate, that fact precluded her from recovering benefits as wife or beneficiary.</p> <p>(3) Under the laws of Ohio beneficiary certificates are to be construed with reference to the status of the beneficiary at the time of payment. The words “Alice B. Taylor” in the certificate are descriptio personae and may be rejected as surplusage and the certificate is construed to mean that if there be no wife living, the benefits go to the administra-trix in trust for his heirs.</p> <p>(4) Under the laws of this state as well as by the construction made in proposition 3 hereof, said certificate neither lapses nor reverts to the association, but should be paid to the administratrix.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Beneficial Associations,” §§ 47-64; 5 Cyc. Dig., “Insuranc