Masonic Mut. Ben. Ass'n v. Severson

• Decision Date: 03 May 1890
• Citation: 71 Conn. 719,43 A. 192
• Parties: MASONIC MUT. BEN. ASS'N v. SEVERSON et al.
• Court: Connecticut Supreme Court

43 A. 192

71 Conn. 719

MASONIC MUT. BEN. ASS'N

v. SEVERSON et al.

Supreme Court of Errors of Connecticut.

May 3, 1890.

Appeal from superior court, New Haven county; Samuel O. Prentice, Judge.

Action in the nature of interpleader by the Masonic Mutual Benefit Association against Louise P. Severson and Mabel P. Stivers. There was a judgment for the former defendant, and the latter appeals. Affirmed.

The plaintiff is a mutual benefit society composed of Free Masons. Each member is admitted after a written application to the board of directors stating, "upon my honor as a man and a Mason," his qualifications, and that "I agree to render punctual payment of all dues and assessments for which I may become liable, and to conform in all respects to the by-laws, rules, and regulations of the above-named association now in force, or which may hereafter be adopted by the same, or its board of directors." If the applicant is approved, he receives a certificate of membership, as follows: "This is to certify that Bro. ———is a member of the Masonic Mutual Benefit Association of New Haven, Connecticut, and is entitled to all the benefits provided by the by-laws." On these terms Joel L. Prouty, through whose membership both defendants claim, was admitted a member February 14, 1876. At that time article 7 of the by-laws regulated the disposition of the benefit fund, and provided as follows: "When a member dies a sum amounting to as many dollars as there were members at the time of his death will become payable from the treasurer, as follows: (1) To the person designated by the deceased in his application for membership; the association reserving the right, in case such person is a minor, to require the appointment of a guardian before said sum shall be paid. (2) If deceased shall have designated no person, or if such person shall have died, it shall be payable to his widow, for the use of herself and minor children, if any, of the deceased; or, if there be no widow, it shall be payable to a guardian appointed for said children. (3) If deceased shall have made no designation, or if the person designated shall have died, and leave no widow or minor children, then said sum shall be payable to his executor or administrator." The by-laws were from time to time changed and amended in the manner therein provided for amendment, and published in pamphlet form for use and distribution. Such pamphlet publications were made by the officers and directors of the association, and distributed among, and used by, its officers and members as the by-laws of the association. No votes authorizing such publications appear upon the secretary's records of the meetings, nor do the pamphlets themselves contain any attestation of any one of their character. Said article 7 was upon two occasions prior to Mr. Prouty's death so changed and amended, to wit, on January 14, 1887, and on January 8, 1892. As amended on January 8, 1892, said article provides for the disposition of the benefit fund as follows: "(1) To the person designated by the deceased in his application; the association reserving the right to have a guardian appointed in case such person is a minor. (2) If deceased shall have designated no person, or if such person shall have died, it shall be payable to his widow; or, if there be no widow, it shall be payable to his children equally,—a guardian to be appointed for said children, if minors. (3) If deceased shall have made no designation, or if the person designated shall have died, and leave no widow or children, then the same shall be payable to his executor or administrator." The by-laws concerning the disposition of the sum payable upon the death of a member, as amended on January 8, 1892, were in force at the time of Mr. Prouty's death. The by-law regulating amendments provides that no bylaw shall be altered except by a two-thirds vote of all members present at a meeting called for that purpose, or at a regular meeting of the association, and all propositions for such change shall be made in writing; that, when amendments are made at a special meeting previous notice of such alteration shall be sent to every member; that any director, when delegated so to do, shall have power to give the vote of a member not present, and the names of all voters by proxy shall be given in the handwriting of each.

At the time said...