St. Louis Police Relief Association v. Strode

• Decision Date: 15 December 1903
• Parties: ST. LOUIS POLICE RELIEF ASSOCIATION, Plaintiff, v. GARRARD STRODE, Admr., Appellant, WILLIAM TIERNEY, et al., Respondents
• Court: Missouri Court of Appeals

77 S.W. 1091

103 Mo.App. 694

ST. LOUIS POLICE RELIEF ASSOCIATION, Plaintiff, v. GARRARD STRODE, Admr., Appellant, WILLIAM TIERNEY, et al., Respondents

Court of Appeals of Missouri, St. Louis

December 15, 1903

[Copyrighted Material Omitted] [Copyrighted Material Omitted]

Appeal from St. Louis City Circuit Court.--Hon. Warwick Hough Judge.

REVERSED AND REMANDED.

STATEMENT.

The plaintiff, a beneficial society, incorporated under the laws of the State of Missouri, and especially an act of the general assembly, entitled "An act authorizing the formation of a police relief association in any city having over one hundred thousand inhabitants," approved March 12, 1881, (Laws of Missouri, 1881, p. 87) paid into court the amount of mortuary fund, accruing upon decease of Michael Tierney, by virtue of his membership in the plaintiff association, and obtained an order of interpleader by defendants, the rival claimants to said fund, who interposed their respective rights thereto in pleadings following:

"Now at this day, come defendants Wm. Tierney and Ellen Tierney, Wm. Tierney, administrator, of the estate of Mary Tierney, deceased, of the city of St. Louis, Missouri; Mary E. Rust, of Manchester, New Hampshire; Mark Tierney and Patrick Tierney, of County Galway, Ireland, and for answer to the petition of interpleader filed herein, say that they admit that the plaintiff St. Louis Police Relief Association, is a corporation, and as such a beneficiary society, incorporated under the laws of the State of Missouri, and especially under an act of the General Assembly of the State of Missouri, entitled, 'An act authorizing the formation of a police relief association in any city having over one hundred thousand inhabitants', approved March 28, 1881, and other acts, amendatory thereto, as averred in said petition.

"These defendants further admit that the plaintiff's charter, constitution and by-laws contain the rules governing its relation to its members, and that no certificate of membership, or beneficiary certificate, or policy is issued by it; that section 1 of article 2 of its charter states the object of its formation to be for the purpose of creating a fund for the purpose of affording relief to such members of the association as may become sick, disabled, incapacitated by long years of service; and second, for the purpose of aiding the families of police officers who may die while members in good standing of said association, as averred in said petition.

"These defendants further admit that by section 4 of article 7 of plaintiff's constitution, provision is made for death benefits as follows:

"'Section 4.--Death. Whenever any member of the police force, who is a member of this association, shall die, the sum of two thousand dollars shall be paid, within thirty days after his demise, to such person or persons as he may have designated in the books of the association. If he shall have failed to designate, it shall be paid to his heirs-at-law, in accordance with the law of descent and distribution. If he shall have failed to designate and has no heirs-at-law, it shall then revert to the association.'

"As averred in said petition.

"These defendants further admit, as averred in said petition, that section 2 of article 1 of the plaintiff's constitution, provides that membership in the plaintiff's said association shall terminate whenever an individual member shall cease to be a member of the police force of the city of St. Louis.

"These defendants further admit, as averred in said petition, that one Michael Tierney was appointed a member of the police force of the city of St. Louis on the twenty-first day of August, 1899, and that he was on the twenty-fifth day of April, 1900, duly elected a member of the St. Louis Police Relief Association, plaintiff herein, and that he died on the nineteenth day of May, 1901, while a member in good standing of the said police relief association, and while a member of the police force; and that at the time of the death of the said Michael Tierney he left surviving, as heirs-at-law under the statute of descent and distribution of the State of Missouri, no child or children, but his father, Mark Tierney and a brother, Patrick Tierney, of County Galway, Ireland; his mother, Mary Tierney, of the same place, who has since deceased, and upon whose estate William Tierney, of the city of St. Louis, has qualified as administrator, and who is a defendant herein; that the said Michael Tierney also left him surviving a sister, Mary E. Rust, of the city of Manchester, in the State of New Hampshire, and William Tierney and Ellen Tierney, brother and sister, of the city of St. Louis, Missouri, defendants herein.

"These defendants further admit that they have made demand upon the said St. Louis Police Relief Association for the benefit accorded to the said Michael Tierney, as a member thereof, for the sum of two thousand dollars, and that they claim to own the same, and are entitled to receive the same under and by virtue of the constitution and by-laws of the said association.

"And these defendants further admit that the said Michael Tierney left him surviving his wife, Margaret Tierney, and that she departed this life on or about, to-wit: the eighth day of November, 1901, and that thereafter, on, to-wit: the twelfth day of November, 1901, a certain instrument, purporting to be the last will and testament of the said Margaret Tierney was probated in the probate court of the city of St. Louis, Missouri, and that on said date the defendant William Hannon was duly appointed administrator of the estate of the said decedent, Margaret Tierney, and duly qualified as administrator cum testamento annexo; that thereafter, to-wit, on the twenty-first day of December, 1901, a suit, contesting the said will, was filed in the circuit court of the city of St. Louis, and letters of administration granted to said William Hannon were by the said probate court revoked, and the defendant, Garrard Strode, was appointed administrator pendente lite of the estate of the said Margaret Tierney, deceased, and that the said defendant Garrard Strode is now in charge of the said estate of Margaret Tierney, deceased, as such administrator.

"And these defendants further answering, say that they deny each and every other allegation in said petition contained not herein specially admitted, or any knowledge or information thereof.

"And further answering, these defendants say that the said Michael Tierney did not, in accordance with section 5 of article 1 of the constitution of the said plaintiff association, designate a person or persons on the books of said association as beneficiary or beneficiaries of said relief fund between the hours of 9 and 11 a. m., on the third day after the said Michael Tierney had become admitted to the membership of said association, as provided in said section 5 of article 1 of said constitution of said association; that by said section 5 of article 1 of said constitution, it is provided that when an applicant is admitted to membership he shall call at the office of the association between the hours of 9 and 11 a. m. on the third day after he has been admitted to membership, and designate on the 'Death Benefit Record' the disposition of his death benefit fund; and, further answering, these interpleaders say that in default of him (the said member) so designating a person or persons upon the said 'Death Benefit Record,' as aforesaid, the said death benefit fund will be paid to his heirs-at-law, in accordance with the law of descent and distribution.

"Further answering, these interpleaders say that never at any time after August 21, 1899, when the said Michael Tierney again became a member of said police force of the city of St. Louis, and a member of said St. Louis Police Relief Association, did he designate his wife, Margaret Tierney, as beneficiary of said relief fund, and never intended to exercise the power of appointing said relief fund for the use of the said Margaret Tierney, but intended always that the same should be carried by the provisions of the contract, as detailed in section 4 of article 7 of the constitution, wherein it is provided that if the member of said association failed to designate in the manner and form as provided by said section 5 of article 1 of the constitution, the funds shall pass to, and vest in the heirs-at-law under the statute of descent and distribution of the State of Missouri.

"Further answering, these interpleaders say that they are the heirs-at-law under the statute of descent and distribution of the State of Missouri, and that, by virtue of said contract or provisions of said section 5 of article 1, and section 4 of article 7 of the constitution and by-laws, they are entitled to the said fund, and claim the same.

"Wherefore defendants pray the honorable court for an order, directing the clerk of this court, or custodian of said fund, to turn over the same to the said defendant, and to that end and purpose that these defendants may have judgment therefor; and these defendants further pray that such other orders, judgments and decrees in the premises as may be just and proper, and for this they will ever pray."

"Now at this day comes defendants Garrard Strode, administrator pendente lite of the estate of Margaret Tierney, deceased and William Hannon, administrator cum testamento annexo of the estate of Margaret Tierney, deceased, of the city of St Louis, Missouri, and for answer to the petition of interpleader, and to the answer of William Tierney, Ellen Tierney, Mary E. Rust et al. filed herein, say that they admit that the plaintiff, St. Louis Police Relief Association is a corporation, and as such a beneficiary society incorporated under the laws of...