Kentucky Masonic Mutual Life Ins. Co., &C. v. Miller's Administrator

• Citation: 76 Ky. 489
• Parties: Kentucky Masonic Mutual Life Ins. Co., &c. v. Miller's Administrator.
• Decision Date: 12 December 1877
• Court: Court of Appeals of Kentucky

76 Ky. 489

Kentucky Masonic Mutual Life Ins. Co., &c. v. Miller's Administrator.

Court of Appeals of Kentucky.

December 12, 1877.

APPEAL FROM HARRISON CIRCUIT COURT.

C. W. WEST, THOMAS H. HINES, AND JOHN M. PORTER FOR APPELLANTS.

J. Q. WARD AND J. K. LAKE FOR APPELLEE.

JUDGE COFER DELIVERED THE OPINION OF THE COURT.

It appears from the pleadings in this case, that April 9, 1868, the Kentucky Masonic Mutual Life Insurance Company issued to Isaac N. Miller a certificate of membership in said company; that said Miller died intestate, leaving a widow, but no child or children, surviving him; that the widow has been judicially found to be of unsound mind; that the appellant B. G. Thomas is her committee; that the appellee is administrator of the goods, chattels, and credits of Miller; and that there is due from the said Masonic Mutual Life Insurance Company on said certificate the sum of $2,696, which is claimed by both the administrator and widow, and which the company is willing and ready to pay to whomsoever shall be adjudged entitled to it.

The certificate obligates the company upon certain considerations and conditions, all of which have been performed, to pay to Isaac N. Miller's "heirs, or as he may direct in his will, the sum of $1 for each and every member belonging to said company at his death," unless the number should exceed five thousand, in which event no more than $5,000 are to be paid.

The company was organized under the act of the general assembly entitled "An act to incorporate the Kentucky Masonic Mutual Life Insurance Company," approved December 18, 1867. (Acts 1867-8, vol. 1, p. 131.) Its charter was amended by an act approved March 21, 1871. (Acts 1871, vol. 2, p. 340.)

The first section of the original act, after naming the corporators, creates the parties named a body corporate, with power "to have perpetual succession, with the right to obtain, hold, sell, and convey and dispose of every class of property, and to make and retain their capital stock to the amount of $50,000, with the power to confer charities as herein provided, or as the company may determine, and to make contracts that shall be binding, and transact all business in its corporate name for its corporate purposes," etc.

The second section authorizes the corporators, or a majority of them, to organize and to receive as members only sound and healthy master masons of Kentucky under sixty years of age, and in good standing in their respective lodges.

The third section provides, that "each person upon becoming a member shall pay into the treasury of the company $6 (and by section 1 of the amendment, from $6 to $20, according to the age of the person), to become a permanent fund of the company, which, with the other qualifications prescribed, shall entitle him to membership for life, or during good behavior," etc.

The 10th, 11th, and 12th sections provide as follows:

"10. In addition to the permanent fund, upon notification of the death of a member, each surviving member shall pay into the treasury $1.10; $1 of which from each member to constitute a fund to be paid for the benefit of the widow and children of the deceased member, and the balance to defray the expenses of the company.

"11. The fund created in section 10, for the benefit of the widow...