Larkin v. Knights of Columbus

• Decision Date: 04 April 1905
• Citation: 188 Mass. 22,73 N.E. 850
• Parties: LARKIN v. KNIGHTS OF COLUMBUS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

188 Mass. 22

73 N.E. 850

LARKIN v. KNIGHTS OF COLUMBUS.

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1905

COUNSEL

Wm. Burns and John F. Lynch, for appellant.

Jas. E McConnell, for appellee.

OPINION

KNOWLTON C.J.

The question in this case is which of two claimants is entitled to the amount due from the defendant, a fraternal beneficiary society, under a benefit certificate issued to the plaintiff's intestate. The defendant was chartered by a special law of Connecticut, and the statement of agreed facts shows that the purposes for which it was incorporated were: 'First. Of rendering pecuniary aid to its members and beneficiaries of members, which said aid shall be exempt from attachment and execution while in possession or control of such corporation, members, or beneficiaries, which said beneficiary shall be specified only in the following order to wit: (a) To such person or persons of the immediate family of said member as by him designated. (b) To such person or persons, in default of such family, of the blood relatives of such member as by him designated. (c) In default of any designation by said member, or out of the order named, except by the permission of the board of directors or their successors, for cause shown, then said aid shall be rendered by said corporation to such family or relatives who are heirs at law of such member, in manner above named, upon their proof of being of such family or such heirs at law.' These are the only portions of the charter which are before us. A law and rule of the order provides for the change of the beneficiary, which can be made only in accordance with the laws of the order. Another law and rule of the order provides that, if a member in good standing dies without having designated a beneficiary, or if 'the designation of the beneficiary is contrary to the provisions of the charter, or the beneficiary designated has died, then the board of directors, upon the advice of the national advocate of the order, shall determine to whom said sum shall be paid provided, however, that in all cases the beneficiaries shall not be in conflict with the provisions of the charter of the Knights of Columbus.' When the certificate was issued the plaintiff's intestate was unmarried, and was living away from his father and his other relatives, so that there was no one who was of his immediate family, within the meaning of provision 'a.' He therefore designated his father as his beneficiary,...