Order of Mutual Companions v. Griest

Citations

• 76 Cal. 494
• 18 P. 652
• 1888 Cal. LEXIS 917

Syllabus

<p>Life Insurance—Mutual Benefit Association—Designation of Nominee for Benefits. — When the constitution of an association for mutual benefit provides that each member shall designate in writing some person as nominee for the benefits, and that upon the death of the member the nominee so designated shall receive a certain sum of money, the association is ’liable only to the nominee of a deceased member; and if there is no nominee, there is no legal liability to pay the money to any person.</p> <p>Id.—Void Nomination for Benefits—Will—Appeal—Party Aggrieved. — Where there is no legal liability of a mutual benefit association to pay life insurance money to any one, the heirs of a deceased former wife, who had been nominated for benefits, after her death, by the association, without designation in writing by the husband, are not legally aggrieved by a judgment of the court directing that insurance money, which the association is willing to pay without liability, shall be paid to the executor of the will of the deceased member. Appellants who have no interest or ownership in the money cannot complain if the court gave property not theirs to the wrong party. It should go, in good conscience, to the person designated by the will.</p>