Modern Woodmen of America v. Comeaux

Citations

• 79 Kan. 493
• 101 P. 1
• 1909 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance—Beneficiaries—“Dependent.” D. was an unmarried man, without living relatives. He held a benefit certificate for $1000 in the Modem Woodmen of America, of which order he was a member in good standing. He was sick and without a home. To secure a place where he could live and be cared for, he entered into an agreement with a neighbor who was keeping a hotel whereby it was agreed that the name of the hotel-keeper should be placed in the benefit certificate as beneficiary, and he should also have all the property then owned by D., in consideration of which D. during his lifetime was to have a home at the hotel as part of the hotel-keeper’s family. In pursuance of this agreement the name of the hotel-keeper was inserted in the certificate as stipulated, being designated as a “dependent.” D. made a will by which his property was bequeathed to the wife of the hotel-keeper, and he then went to the hotel to live, and remained there until his death, which occurred a few months afterward. Held, that the hotel-keeper was not a dependent upon D. within the meaning.of the law relating to the fraternal associations, and had no valid claim against the order as a beneficiary.</p> <p>2. -— Acceptance of Assessments — Beneficiaries—Waiver. Where the name of a person who does not belong to the class which by the rules of the order and the statute regulating such associations is entitled to become a beneficiary, is inserted in a benefit certificate, such person has no right to receive any part of the benefit fund, and the acceptance of assessments paid, after his name has been so inserted, will not confer such right.</p>