Palmer v. Welch

• Decision Date: 21 January 1890
• Citation: 132 Ill. 141,23 N.E. 412
• Parties: PALMER v. WELCH et al.
• Court: Illinois Supreme Court

132 Ill. 141

23 N.E. 412

PALMER

v.WELCH et al.¹

Supreme Court of Illinois.

Jan. 21, 1890.

Appeal from appellate court, first district.

Case, Judson & Hogan, for appellant.

Abbott & Baker, for appellees.

MAGRUDER, J.

This is a bill of interpleader filed in the superior court of Cook county by the Supreme Council of the Royal Arcanum, a mutual benefit society organized under the laws of Massachusetts, against the appellant and the appellees, as defendants, alleging that W. D. Welch, who died at Waukegan, Ill., on November 20, 1887, had been a member in his life-time of a subordinate council of the Royal Arcanum, at Chicago; that before April 22, 1885, a benefit certificate for $3,000 had been issued to him, naming his mother, Almira Welch, as his beneficiary, but on that day such certificate had been canceled, upon his application to the supreme council, and a new one had been issued to him, naming Nettie Parke, ‘affianced wife,’ as his beneficiary; that he died in good standing in the order, having paid all dues, and that proofs of death had been made, as required by the rules; that L. C. Welch and S. C. Welch, the appellees, claim to be entitled to the fund as brothers of the deceased, W. D. Welch, and deny the right of Nettie Parke thereto on the ground that she was never dependent upon him; that said fund is claimed by said Nettie and also by said L. C. and S. C. Welch, and that complainant is willing to pay it to the party entitled to it, and offers to do so, and asks that it be paid into court for the benefit of such of the defendants as may be adjudged to be the owners of it. The bill states the objects of the order, attaches a copy of the constitution and laws, and sets forth in full paragraphs numbered from 1 to 5, inclusive, of section 2 of law 3, and section 3 of law 3. Nettie Parke answers the bill, alleging that she was the affianced wife of W. D. Welch at his death, and had been since 1884, and claims to be entitled to the fund as the beneficiary named in the certificate, which is set forth in full. She admits all the material allegations of the bill. The answer of L. C. and S. C. Welch also admits the material allegations of the bill, and that Nettie Parke is the beneficiary named in the certificate, but denies that she was dependent on W. D. Welch at his death, or has been since the issuance of the certificate, or that she is entitled to the benefit therein mentioned; and alleges that W. D. Welch died unmarried,without children, grandchildren, father, mother, grandparents, or sister, and that they are his only brothers, and next of kin, and heirs at law, and that they are entitled to the benefit, under the constitution and laws of the order. The answer, as amended, also sets out the various sections of the Massachusetts statute which are applicable to the organization of such corporations as the complainant in the bill. The $3,000 was paid to the clerk of the court by the complainant, and the latter was discharged from liability under the certificate. Upon the hearing it was stipulated that the Massachusetts statute was as set forth in the answer, and should be considered as in evidence; that L. C. and S. C. Welch are the brothers, and next of kin, and only heirs at law, of W. D. Welch; that Nettie Parke was his affianced wife when the certificate was issued, ‘and that she was not actually dependent upon him, nor represented so to be, within class second of law 3 of the constitution and laws of the Royal Arcanum, either at the time the certificate was issued, or at the time of his death, otherwise than that he gave her occasional presents of clothing, jewelry, money, etc., up to the time of his death;’ that the certificate was delivered to W. D. Welch, and by him to Nettie Parke, in Illinois. The superior court decreed that L. C. and S. C. Welch were entitled to the fund, and this decree has been affirmed by the appellate court. Since the decision of the cause by the appellate court, Nettie Parke has married a man named Palmer, and appears upon the record in this court as Nettie Palmer.

There is no question as to the liability of the corporation issuing the benefit certificate. Such liability is conceded by the payment of the money into court. The only question is whether the fund belongs to the appellant or to the appellees. The certificate issued to the deceased as a member of ‘Bon Accord Council,’ a branch of the Royal Arcanum in Chicago, recites upon its face that it is so issued ‘upon condition that the said member complies in future with the laws, rules, and regulations governing the said council and fund,’ and that the supreme council binds itself to pay the $3,000 ‘in accordance with, and under the provisions of, the laws governing said fund.’ It therefore becomes important to know what such ‘laws, rules, and regulations' are, as they enter into and become a part of the certificate itself. The second paragraph of section 2 of law 3 is as follows: ‘ Second. A benefit may be made payable to the following classes of persons: Class 1. To a member's wife, children, grandchildren, father, mother, grandparents, brother, or sister, in every one of which cases no proof of dependency shall be required before the issuing of the benefit certificate. Class 2. To any person who is dependent upon the member for maintenance, (for food, clothing, lodging, or education,) in which case the written evidence of the dependency, within the requirements of the laws of the order, must be furnished to the satisfaction of the supreme council before the benefit certificate can be issued.’ Paragraph 6 of said section 2 is as follows: ‘ Sixth. No benefit shall...