Johnson v. Grand Lodge of Ancient Order

Citations

• 91 Kan. 314
• 137 P. 1190
• 1914 Kan. LEXIS 25

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Fraternal Insurance — Wife as Beneficiary — Wife Divorced— Death of Assured — No Change in Beneficiary Designated. An insurance policy for $2000, issued by a fraternal benefit association upon the life of a member, named his wife as the beneficiary. She' obtained a ■ decree of divorce from her husband and a judgment in her favor for $1500, which the decree of divorce provided should be a lien upon certain property owned by the husband. Six days after the divorce was granted the husband died without having designated another beneficiary. In an action by the former wife against his heirs to recover the. proceeds of the policy, it is held:</p> <p>(а) Plaintiff Must be Dependent upon Member at Time of Death. Under the by-laws of the association and by the express provisions of section 4303 of the General Statutes of 1909 the plaintiff would not be entitled to payment of the certificate unless she was dependent upon the member at the time of his death.</p> <p>(б) Same — Burden of Proving Dependence on Plaintiff. Whether the plaintiff in this case was dependent within the meaning of the by-laws and the provisions of the statutes depended upon facts, the burden of proving which rested upon her.</p> <p>(e) Divorce — Judgment for Alimony — When Payable from Benefit Certificate. Notwithstanding the complete dissolution of the marriage relation by the decree of divorce, if it were shown that by the death of her former husband the plaintiff was deprived of all means to enforce the collection of her judgment, she would be regarded as a dependent upon him to the extent of her interest in the judgment, and in’that event she could maintain an action upon the policy to recover the amount of the judgment and costs — but no more. Any balance due upon the policy would, in that event, be payable to the heirs of the member.</p> <p>(d) Same. The fact alone that when the death of the former husband occurred her judgment had not been satisfied' would not mak