Grant v. Independent Order of Sons & Daughters of Jacob of America

Citations

• 97 Miss. 182
• 52 So. 698

Syllabus

<p>1. Supreme Court Practice. Agreed statement of facts.</p> <p>In reviewing the decree in a case submitted to the trial court on an agreed statement of facts the supreme court can look only to the facts set out in the statement. -</p> <p>2. Insurance. Assignment of policy. Insurable interest. Wagering policy.</p> <p>Where a life policy was valid in its inception, its subsequent assignment by a change of beneficiary to one without an insurable interest was valid, and a second policy issued in affecting the change was not a wagering policy.</p> <p>3. Same. Fraternal order. By-laws. Retroactive operation.</p> <p>By-laws of a fraternal order should never be construed retroactively if other reasonable construction be possible.</p> <p>4. Same. Same. Retroactive operation.</p> <p>Although a new charter of a fraternal order provided for disposition of a benefit fund as the insured should direct under the laws of the order, and insured stipulated to abide by all by-laws then in force or thereafter to be adopted, yet, by-laws thereafter adopted prohibiting the naming of a beneficiary not having an insurable interest was not retroactive so as to invalidate a prior legal change in favor of such a beneficiary.</p>