Pilcher v. Puckett

Citations

• 77 Kan. 284
• 94 P. 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Interest of a Member. A member of a mutual benefit society who holds a 'Certificate of insurance therein has no interest in the fund. He possesses simply the power of appointment, which, if not exercised, becomes inoperative. Neither the certificate nor the proceeds become a part of the estate of the member.</p> <p>2. - Change of Beneficiary — Will Ineffectual. A member of a mutual benefit society who is the holder of insurance therein has no interest in the certificate which can be disposed of by will. And where the rules and by-laws of the order and the contract of insurance provide a method by which a change of beneficiary may be made by the member that method must be followed, and a testamentary direction will be- held ineffectual as a new designation.</p> <p>3. - Interest of Beneficiary. Where the beneficiary named in a benefit certificate issued by a mutual benefit society dies before the insured member, no interest in the fund vests in the beneficiary, and her heirs cannot take the fund by inheritance. The only interest such beneficiary had in her lifetime was an expectancy, which ceased at her death.</p> <p>4. -Death of Beneficiary before Assured — Disposition of the Fund. Where, in a case like the one mentioned in the preceding paragraph, the assured has made no change in the beneficiary, and the rules and by-laws of the society which were a part of the contract expressly provide where the fund shall go at his death, the contract governs. In this case the laws of the order provide that under the facts which are not disputed the proceeds are payable only to the heirs of the assured.</p> <p>5. - Who May Be Beneficiaries. A person not within the class for whose benefit such mutual society is organized cannot become a beneficiary.</p> <p>6. Wills — Latent Ambiguity — Parol Evidence. Where a latent ambiguity in the terms of a last will is established by parol testimony which itself serves to explain and r