Covenant Mutual Benefit Ass'n v. Hoffman

Citations

• 110 Ill. 603
• 1884 Ill. LEXIS 1393

Syllabus

<p>1. Life insurance—certificate construed, as to beneficiaries. A certificate of membership in a benevolent association, in the nature of a policy of life insurance, provided; if certain conditions were observed and performed, for the payment of the sum of $5000 on the death of the holder, “to be paid as a benefit to his wife, L. H., and children, equally. ” The holder, at his death, left his wife and five children, one of whom died after suit brought upon the policy in the name of all, leaving his mother and four brothers and sisters as his only heirs, and the cause proceeded to judgment in the names of the widow and remaining children, who recovered judgment for the full $5000: Held, that the widow and remaining four children were entitled to the same sum as though she and all the children were suing, and that the judgment was not for too much.</p> <p>2. Where a certificate in the nature of a life policy of insurance is made payable to the wife of the holder, by name, and his children, equally, upon evidence of his death, “or in the event of their prior death, to the legal heirs or devisees of the holder, ” the word “children” will designate a class of persons, and those living at the time of the trial of an action on the certificate, together with the wife, will be entitled to recover the whole amount; and a correct construction of the latter clause is, in case of the prior death of any one of the class designated to take the benefit, the heirs of the holder or the assured, who, in this case, were the surviving brothers and sisters and the mother, shall take the share of the deceased party.</p> <p>3. Evidence—proof of death of the assured, as evidence of what disease he died. A benefit certificate issued to a member of an association had a number of conditions annexed from which the benefit was non-payable,— such as, if the member’s death was by reason of self-destruction, or other acts named. The proofs of his death stated that he died from pneumonia. On the tr