Emmons v. Grand Lodge of the Ancient Order of United Workmen

Citations

• 27 Del. 272
• 4 Boyce 272
• 88 A. 459
• 1913 Del. LEXIS 42

Syllabus

<p>1. Insurance—Mutual Benefit Association—Beneficiaries—Order of Payment—Rules of Order—Construction.</p> <p>The constitution of a mutual benefit society provided that, if one or more of the beneficiaries died before the member, the survivors should be entitled to the benefit equally unless otherwise provided, and if all the beneficiaries so died, and no other direction was made as provided by the laws of the order, the benefit should be paid to his widow, if any, and, if none, then to bis children in equal shares, etc. Held that, where a member’s widow was not designated as his beneficiary, it was necessary, in order that she should take under such provision, that the beneficiary or beneficiaries designated should have died during the life of the member, and that he should have failed to make any other designation.</p> <p>2. Insurance—Mutual Benefit Societies—Beneficiaries—Restriction—By-Laws.</p> <p>An amendment to a by-law of a mutual benefit society provided that each applicant should designate the person or persons to whom the beneficiary fund due at his death should be paid, who in every instance should be one or more members of his family or some one related to him by blood, or at the discretion of the Grand Master Workman might be an affianced wife, or one that was dependent on him, etc. Held, that such provision was prospective only in its operation, and did not invalidate a certificate made payable to a trustee, who was a creditor of the member, to secure payment of the debt, where the trustee, when the certificate was issued, was a proper beneficiary.</p> <p>3. Insurance—Beneficiaries—Trusts—Recovery of Fund.</p> <p>Where a mutual benefit certificate was made payable to a trustee to secure a debt owing by the member, who died without changing the beneficiary, the proceeds of the certificate were payable to such trustee, in the absence of statute or a law of the order regulating the matter, regardless of the fact that the trust had terminated by the payme