McClure v. Johnson

• Decision Date: 19 October 1881
• Citation: 56 Iowa 620,10 N.W. 217
• Parties: MCCLURE, EX'R, v. JOHNSON.
• Court: Iowa Supreme Court

56 Iowa 620

10 N.W. 217

MCCLURE, EX'R,

v.JOHNSON.

Supreme Court of Iowa.

Filed October 19, 1881.

Appeal from Jefferson circuit court.

The plaintiff is the executor of Nathan Johnson, and brought this action to recover of the defendant, who is the widow of said Johnson, a sum of money paid to her by the Free Masons' Protective Association of Iowa, at Keokuk. The said Johnson was a Free Mason, and applied to said association to become a member, and upon being accepted he agreed to “abide by all the rules and regulations adopted by the association or its official board.” The association is of a benevolent and charitable character, its object being “to secure to the families of deceased members * * * such pecuniary aid as may be provided” by the association “for the purpose of assisting to defray the expenses of the funeral of such deceased members, and for the relief of their families.” Every Free Mason becoming a member was required to pay a stated sum when he became such. The applicant was required to state his name, age, residence, and condition of his health, in his application. Upon the death of a member, each surviving member was required to pay to a named officer of the assiciation one dollar and ten cents, and the association bound itself to pay a sum equal to one dollar for every member, at the time of the death of a member, “to the wife, husband, children, mother, sister, father, or brother of such deceased member, and in the order above named.” In accordance with the foregoing, the association, upon the death of said Johnson, paid the money in controversy to the defendant. The said Johnson made a will, which has been duly admitted to probate. It provides: “I direct that the mortgage on my hotel property, in Fairfield, Iowa, be paid out of the proceeds of an insurance policy of $600 in the Masonic Protective Association of Keokuk, Iowa, which I hold, and which is payable to me.” There was a trial to the court, judgment for the defendant, and plaintiff appeals.Slagle, Acheson & McCracken, for appellant.

Culbertson & Jones, for appellee.

SEEVERS, J.

Upon becoming a member of the association Johnson contracted with it that any money which might become due upon his death should be paid to the defendant for the purposes above stated. Upon the condition the money should be so paid the association obligated itself to pay. The contract was one of insurance, and by its express terms the insurance was to be paid to the defendant if she...