Kirk v. Fraternal Aid Ass'n

Citations

• 95 Kan. 707
• 149 P. 400
• 1915 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Aid Association — Terms of Certificate — Modified by Subsequent Statutes and Subsequent By-laws of Association. A fraternal aid association, under a charter granted in 1894 authorizing it to bestow substantial aid upon totally-disabled members, and under section 4303 of the General Statutes of 1909, is not authorized to issue a certificate providing for the payment of a specified sum to the holder thereof upon his reaching the age of seventy years, without regard to whether or not there is any disability, and if such a certificate was issued it can not now be enforced against the association.</p> <p>2. Same — Authority of Association to Change Benefits. Where the holder of a beneficiary certificate in a fraternal aid association agrees in his application for membership that his contract shall be governed and controlled by all the orders, rules and regulations of the order then in force or that thereafter may be enacted by the general council of the association, or to submit to all the penalties therein contained, and that the application shall become a part of the contract, the association has authority to change the benefits to accrue under • the certificate so as to make them conform to the charter of the association and the laws of the state.</p>