Shuman v. Ancient Order of United Workmen

• Citation: 82 N.W. 331,110 Iowa 642
• Parties: SHUMAN v. ANCIENT ORDER OF UNITED WORKMEN ET AL.
• Decision Date: 11 April 1900
• Court: United States State Supreme Court of Iowa

110 Iowa 642

82 N.W. 331

SHUMAN

v.ANCIENT ORDER OF UNITED WORKMEN ET AL.

Supreme Court of Iowa.

April 11, 1900.

Appeal from district court, Linn county; H. M. Remley, Judge.

Action in equity upon a certificate of membership in defendant order. There was a trial upon the merits, and judgment for the defendant John W. Gruver. Plaintiff appeals. Reversed.Deacon & Good, for appellant.

Preston, Wheeler & Moffitt, for appellees.

SHERWIN, J.

This is an action upon a certificate of membership issued by the Ancient Order of United Workmen to Philip J. Shuman, in which the plaintiff, his widow, is named as beneficiary. The defendant John W. Gruver filed an answer and cross petition, in which he admitted that plaintiff was the beneficiary named in the certificate issued to the deceased, Philip J. Shuman, but alleged that on the 27th day of May, 1897, Philip J. Shuman, by written indorsement on the back of said certificate of membership, surrendered the same to said order, and directed that a new certificate be issued, in which John W. Gruver be named as beneficiary. The Ancient Order of United Workmen admits its liability on the certificate to some one, and has paid the amount due thereon into court, to await the final decision of the matter.

The question as to who is entitled to this fund is before us for determination, and, as we view it, is one of law only. The constitution of the Ancient Order of United Workmen providing for a change of beneficiary is in the following language: “Any member holding a beneficiary certificate, desiring at any time to make a new direction as to its payment, may do so by authorizing such change in writing on the back of his certificate in the form prescribed, said member's signature, attested by the recorder, with the seal of the lodge attached, and by payment to the grand lodge the sum of fifty cents; but no change shall be valid, or have any binding force or effect, until such change shall have been reported to the grand recorder, the old certificate filed with him, and a new beneficiary certificate issued thereon, said new certificate to be numbered the same as the old certificate; provided, however, should it be impracticable for the recorder to witness the signature of the brother, attestation of his signature may be made by a notary public, or an officer authorized to acknowledge deeds, and a change made in any other manner shall not be valid. On the back of the certificate in question was the following indorsement: “I, P. J. Shuman, to whom the within certificate was issued, do hereby revoke my former direction as to the payment of the beneficiary fund due at my death, and now authorize and direct such payment to be made to John Wesley Gruver, bearing relationship to myself of nephew. Witness my hand and seal this 27th day of May, 1897. P. J. Shuman. Witnesses to signature: J. G. Graves, I. W. Scott. Attest: A. Campbell, Recorder.” The recorder, A. Campbell, was not present when this indorsement was signed by P. J. Shuman, nor did he see Shuman after he signed it and before his death. His attestation was made some time after Shuman signed, but on the same day. No fee was paid for the change. Shuman died on the 28th day of May, 1897, the day after he signed the indorsement. The certificate, with the indorsement thereon, was mailed to the grand lodge the same day that Shuman died, and was received at its office in Des Moines on the 29th day of May, 1897, and no new or other certificate was issued by the grand lodge.

That the constitution of the Ancient Order of United Workmen entered into and became a part of the certificate of insurance issued to Philip J. Shuman cannot be questioned. The constitution gave him the right to change beneficiaries, but explicitly pointed out the manner in which such change should be made. This method was fixed and was binding upon the assured. It was the method he had agreed to, and he had no absolute legal right to effect a change of beneficiaries in any other manner. Stephenson v. Stephenson, 64 Iowa, 534, 21 N. W. 19;Wendt v. Legion of Honor, 72 Iowa, 682, 34 N. W. 470;Legion of Honor v. Smith, 45 N. J. Eq. 466, 17 Atl. 770;Holland v. Taylor, 111 Ind. 121, 12 N. E. 116;...