Frakes v. Brotherhood of Locomotive Firemen
| Decision Date | 20 May 1918 |
| Docket Number | No. 12849.,12849. |
| Citation | 204 S.W. 26 |
| Parties | FRAKES v. BROTHERHOOD OF LOCOMOTIVE FIREMEN et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Vernon County; B. G. Thurman, Judge.
Action by Gladys Frakes against the Brotherhood of Locomotive Firemen and others. Judgment for plaintiff, and defendants appeal. Affirmed.
Holmes Hall and W. D. O'Bannon, both of Sedalia, for appellants. W. M. Bowker, of Nevada, for respondent.
James R. Frakes, while a single man, took membership with the Brotherhood of Locomotive Firemen and Enginemen. He also took out a benefit certificate for $1,500, payable at his death to his mother as beneficiary. Afterwards he married, and in a few months became sick, and presently died. While sick he concluded to change the beneficiary to his wife, and thought he had done so. After his death his mother and his widow separately claimed the money due on the certificate and made proof of death. The widow brought this action against the Brotherhood and made tie mother a party defendant. The Brotherhood, being willing to pay to the proper party, asked that the claimants be ordered to interplead, and it was agreed by all that they would do so. By agreement the Brotherhood paid the money into court and was discharged. The trial court rendered judgment for the plaintiff, the widow.
When Frakes determined to substitute his wife for his mother as beneficiary, he took the certificate to the local lodge, through which he had obtained it, and asked some of the officers how to make the change. He was told to go before a notary public and fill out the blank on the back of the certificate with his wife's name. He did so; the blank as thus filled out reading as follows:
"I hereby direct that in lieu of this certificate a new certificate be issued to me for the sum of $1,500, and in the event of my death while said new certificate is in force and effect I hereby direct that the benefits arising therefrom be payable to Gladys Frakes related to me as wife."
This was signed and acknowledged, and delivered to his wife.
But it seems that it was provides in the constitution of the society that no change of beneficiary should be valid until the certificate had been received by the general secretary and canceled and a new certificate issued wherein the new designation of beneficiary shall appear. The fact that this provision was not complied with is the ground upon which it is claimed that no change of beneficiary was made, and that therefore the original certificate...
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