HOTEL-MEN?S MUT. BEN. Ass’Nfv. BROWN. 11
HOTEl.eMEN’S Mor. BEN. Ass’N rv. Baowiv and another.
(Glrcuit Oourt, M D. Illinois. December 5, 1887.) n
lNSURANCE—MUTUAL BENEFIT Soc1E·r1Es—DEsrcNAr1oN or- Bmunmcmnv.
The constitution of an “hote1-men’s mutual benefit association" permitted
a change in the beneficiary, but provided that it "must" be done on a pre-
scribed form of blank, the signature to which should be attested before a
notary, and the change entered on the books. It also provided that, at death,
benefits should be paid"to the person designated in the application for mem-
bership, as shown bythe books, or as ordered by la t will. " An applicant
for membership named his wife as beneficiary in his application, andher -
name was so entered upon the books. His application also set out that the
receipt of the party to whom he designated his death lossto be paid should
discharge the association. He subsequently executed a paper assigning his
policy to one of his creditors as collateral security: but no application for
a changewas made to the association, nor was the assignment made upon
the prescribed blank, nor had the association any notice of it until after the
death of the member intestate, when both the widow and theassignee claimed
the benefits. Held, on bill of interpleader, that the widow was eutitledto
the fund. .
*In Equity, i ·
H. H. O. Jlhller, for complainant. ~·
Abbott dc Baker, for Daws. ` 1
Nathan C'. Jlhller, for Brown.
B1.oneE*r*r, J. This is a bill of interpleader, filed by the Hotel-men’s
Mutual Benent Association, to determine who is entitled to the payment
of a benefit fund or death loss accruing by reason ofthe death of George
C. Brown, ta member of the association. It appears from the proof that
George C. Brown held a certificate of membership in the complainant
company, and was a member in good standing from the fifth of Febru-
ary, 1881, until his death, on the sixth of December, 1886. ` At the re-
quest and by-the direction of Brown, his wife, Kate W. Brown, was
designated in his application for membership as his beneficiary, to whom
all benefits accruing from the association in the event of his death were
to be paid, and her name stood upon the books of the association as his
beneficiary at the time of his death. ’ V
Section 7 of article 2 of the constitution of the association provides
that any member wishing to change his beneficiary must procureablank
form from the secretary, which, being filled out and properly attested,
shall be returned to the secretary, when the necessary changeswill be
made on the books of the association. And section 1, art. 5, provides ·
that benefits payable on the death of a member shall be paid to the per-
son designated in his application for membership as shown by the _books
of the association, or as ordered by his last will and testament.` ,
Before August 6, 1886, Brown had become indebted to defendant A.
Daws in the_sum of $1,763, as shown by his promissory notes, and on
the day last mentioned, Brown executed ia paper assigning his policy in
the complainant company to Daws, to be held by Daws till all amounts
due him were paid; And after this paper wasexecuted and deliveretly