Offill v. Supreme Lodge, Knights of Honor

• Decision Date: 10 March 1898
• Citation: 46 S.W. 758,101 Tenn. 16
• Parties: OFFILL v. SUPREME LODGE KNIGHTS OF HONOR.
• Court: Tennessee Supreme Court

46 S.W. 758

101 Tenn. 16

OFFILL v. SUPREME LODGE KNIGHTS OF HONOR.

Supreme Court of Tennessee.

March 10, 1898

Appeal from chancery court, Obion county; John S. Cooper Chancellor.

Suit on behalf of Caroline H. Offill against the Supreme Lodge Knights of Honor, to determine the validity of a benefit certificate. From a decree for complainant, defendant appeals. Affirmed.

T. C Fryer & Son and Fitz. Williams, for appellant.

C.N Lannom and Moore & Wells, for appellee.

McALISTER J.

This is a contest over a benefit certificate in the Knights of Honor. In 1879 one E. Offill became a member of a subordinate lodge in said order at Union City, and caused his benefit certificate to be made payable to his wife. In 1888 his wife died, and thereupon Offill surrendered said certificate, and has issued to him a second certificate, payable to his niece, Miss Caroline H. Offill. In August, 1895, Offill surrendered this certificate, and caused a third certificate to be issued, payable at his death to Miss Lena Mai Corum. The constitution and laws of the Knights of Honor provide that benefit certificates may be made payable to three classes: First, to members of the family; second, to blood relatives; and, third, to persons dependent on the beneficiary. The present bill is filed on behalf of Miss Caroline Offill, to whom the second certificate was made payable, attacking the validity of the third and last certificate issued to Miss Lena Mai Corum upon two grounds, namely: First. That when the second certificate was surrendered, and the third certificate issued, the deceased was mentally unsound, and incapable of comprehending the nature of the act, and that, in his weak and enfeebled condition of mind and body, he was constrained to perform the act by the undue influence exercised over him by the relatives of Miss Lena Mai Corum. Second. It is charged that the third certificate is void because issued, in contravention of the laws of the order, to a beneficiary who was neither a member of his family, a blood relation, nor one dependent upon the assured. The chancellor decreed in favor of complainant; adjudging that the third and last certificate was void, and that Miss Caroline Offill, the beneficiary of the second certificate, was entitled to the fund.

As already stated, the constitution and laws of the Knights of Honor provide that the benefit certificate may be made payable to members of his family, blood relatives, or persons dependent on him (the member). The answer filed on behalf of Miss Lena Mai Corum admits that she was not related to the deceased, and was not a member of his family, but lived with her parents, Dr. and Mrs. Corum. The contention made on behalf of Miss Corum is that she was a dependent on E Offill, within the meaning of the laws of the Knights of Honor. It is claimed in support of this theory that from September, 1893, to June, 1894, Dr. Corum and family, consisting of his wife, son, and Miss Lena Mai, resided in Union City, and while there rented their residence from Offill, and that Offill occupied a room in the house, and boarded in the family; that, during this residence together, Offill became very much attached to the little girl, Lena Mai, and intimate with other members of the family. In June, 1894, the Corum family removed to Paris,...