Palmer v. Welch

Citations

• 132 Ill. 141
• 23 N.E. 412

Syllabus

<p>1. Insukanoe— benefit society—who may become beneficiaries. \\Where the statute of a State under which a benefit or fraternal society ■.is incorporated, provides that such corporations may be formed “for the ■purpose of assisting the widows, orphans or other relatives of deceased members, or any persons dependent upon deceased members,” the so- ■ ciety or corporation will have no authority to create a fund for other persons than those included in the classes named. In such case, the power of the corporation to issue the certificate, and the power of the member to designate the beneficiary, are controlled and limited by ■.the statute.</p> <p>2. A lawe of a mutual benefit society provided that a benefit might-be made payable to the following classes of persons: First, to a member’s wife, children, grandchildren, father, mother, brother, sister or grandparents; and second, to any person dependent upon the member ■ for maintenance, food, clothing, lodging or education. A member had a certificate issued, in which the benefit was made payable to “A B, affianced wife,” but died before marriage, leaving two brothers as his next • of kin and only heirs: Held, that under the law of the society, the ■ “affianced wife” was not entitled to the benefit named in the certificate, .she not being a person of either of the classes named.</p> <p>3. By another law it was provided that no benefit should be payable ■to a person or persons of the second class, unless the dependency re•quired should exist at the time of the member’s death, and that if, at . such death, the dependency shall have ceased, then the benefit should be payable to the persons named in the first class, if living, in the order ■ of precedence therein stated : Held, that those named in the first class would take the benefit, though not mentioned in the certificate, if there existed no dependency of the beneficiary named at the time of the member’s death, whether the dependency had ceased to exist or had .never exis