Holland v. Taylor
| Decision Date | 24 May 1887 |
| Parties | Holland, Guardian, v. Taylor and others. |
| Court | Indiana Supreme Court |
Holland, Guardian,
v.
Taylor and others.
Supreme Court of Indiana.
May 24, 1887.
Appeal from circuit court, Marion county.
Byfield & Howland, for appellant. Vinson Carter, for appellees.
Zollars, C. J.
On the twenty-fifth day of August, 1884, the Royal Arcanum, whose principal office and supreme council are in Boston, issued to Charles D. Taylor, of Indianapolis, a certificate in these words:
This certificate is issued to Charles D. Taylor, a member of Hoosier council No. 394, Royal Arcanum, located at Indianapolis, Ind., upon evidence received from said council that he is a contributor to the widows' and orphans' benefit fund of this order, and upon condition that the statements made by him in his application for membership in said council, and the statements certified by him to the medical examiner, both of which are filed in the supreme secretary's office, be made a part of the contract; and upon condition that the said member complies in the future with the laws, rules, and regulations now governing said council and fund, or that may hereafter be enacted by the supreme council to govern said council and fund. The conditions being complied with, the supreme council of the Royal Arcanum hereby promises and binds itself to pay, out of its widows' and orphans' benefit fund, to Samuel Taylor and Martin V. McGilliard, (executors,) for the benefit of Anna Laura Taylor, (daughter,) a sum not exceeding three thousand dollars, in accordance with and under the provisions of the laws governing the said fund, upon satisfactory evidence of the death of said member, and upon the surrender of
[12 N.E. 117]
this certificate: provided, that the said member is in good standing in this order at the time of his death, and provided, also, that this certificate shall not have been surrendered by said member, and another certificate issued at his request, in accordance with the laws of this order. In witness whereof the supreme council of the Royal Arcanum has hereunto affixed its seal, and counsel this certificate to be signed by its supreme regent, and attested and recorded by its supreme secretary at Boston, Massachusetts, this twenty-fifth day of August, 1884. John Haskill Butler, Supreme Regent.
Attest: W. O. Robson, Supreme Secretary.”
On the back of the certificate is this form
Council No. ---, R. A. To ------, supreme secretary S. C. R. A.: I hereby surrender and return to the supreme council of the Royal Arcanum the written benefit certificate No. ---, and direct that a new one be issued to me, payable to ------.
[Seal of subcouncil.] Member's signature, ----------.
Attest: ----------, Secretary.”
The Royal Arcanum is governed by a constitution and by-laws, section 2 and 3 of the by-laws being as follows:
“Sec. 2. Each member shall enter upon his application the name or names of the members of his family, or those dependent upon him, to whom he desires his benefits paid, subject to such future disposal of the benefit among his dependents as the member may thereafter direct, and the same shall be entered in the benefit certificate according to said directions,” etc.
“Sec. 3. A member may at any time, when in good standing, surrender his benefit certificate, and a new certificate shall thereafter be issued, payable to such beneficiary or beneficiaries dependent upon him as such member may direct, upon the payment of a certificate fee of fifty cents.”
On the twenty-second day of August, 1884, the day on which, as alleged in appellees' answer, Taylor applied for the above certificate, he made his will. In that will he recited, as a fact, that he had in his possession a policy of life insurance for $3,000, issued to him by the Royal Arcanum, and payable to Samuel Taylor and Martin V. McGilliard, his executors, for the benefit of his daughter, Anna Laura Taylor. In another item of the will the testator directed that, in the event of his personal property being insufficient to pay his debts, the first interest or earnings of the life insurance fund should be applied to that object, the principal to remain intact. In another item he directed that, after his death, the insurance fund should be collected by his “said administrators,” and safely invested in real estate loans, and that the interest derived therefrom should be first used in the payment of his debts, and the remainder in the education of his daughter, Anna Laura, according to the best judgment of his “administrators;” that, in the event of his daughter being left motherless, the fund should be used for her benefit, in accordance...
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