James v. Supreme Council of the Royal Arcanum

Citations

• 130 F. 1014
• 1904 U.S. App. LEXIS 4868

Syllabus

<p>1. Insurance — Mutual Benefit Societies — Beneficiaries—Powers.</p> <p>Where the laws of the state in which a mutual benefit society was Incorporated, and the constitution and laws of such society, gave it express power not only to provide for the widows, orphans, and other relatives of deceased members, but authorized it to make provision for “any persons dependent upon deceased members,” the association had power to issue a benefit certificate, payable to a certain person named, who was married to assured, and who in good faith lived with him as his wife and was dependent upon him for support, though she was not the legal wife of assured by reason of his having a former wife from whom he had not been divorced.</p> <p>2. Same — Policy—Construction.</p> <p>Where a mutual benefit association was empowered to make provision for widows and any person dependent on deceased members, and the policy ■was issued to deceased, payable to “Ella J. Palmer (wife),” the term “wife” was merely descriptio person®, and her dependency on insured was not controlled by the legality of the marital relation existing between herself and assured.</p>