Supreme Council v. Adams

• Decision Date: 15 March 1895
• Citation: 44 A. 380,68 N.H. 236
• Parties: SUPREME COUNCIL, AMERICAN LEGION OF HONOR, v. ADAMS et al.
• Court: New Hampshire Supreme Court

44 A. 380

68 N.H. 236

SUPREME COUNCIL, AMERICAN LEGION OF HONOR,

v. ADAMS et al.

Supreme Court of New Hampshire. Hillsboro.

March 15, 1895.

A bill of interpleader as to $5,000 paid into court by plaintiff, the Supreme Council, American Legion of Honor, upon a benefit certificate issued to Joseph G. Adams. The benefit is claimed by defendant Alice G. Adams, and by defendants the children of Martha A. Adams. Decree for defendant Alice G. Adams.

The certificate was issued upon condition "that the statements made by said companion in application for membership * * * be made a part of this contract," and upon condition "that the said companion complies in the future with the laws, rules, and regulations now governing the said council and fund, or that may hereafter be enacted by the supreme council to govern said council and fund. These conditions being complied with, the Supreme Council of the A. L. H. hereby promises and binds itself to pay out of its benefit fund to Martha A. Adams (wife) a sum not exceeding five thousand dollars, in accordance with and under the provisions of the laws governing said fund, upon satisfactory evidence of the death of said companion, and upon the surrender of this certificate," etc. The application referred to contained the following: "I agree to make payment of all dues and assessments for which I may become liable, and to conform in all respects to the laws, rules, and usages of the order now in force, or which may hereafter be adopted by the same." Martha A. Adams died in 1884, and Joseph G. married the defendant Alice G. Adams in 1888. He died in 1892. Five children by the first wife survived him, and are the other defendants. When the certificate was issued, and thereafter-wards until October 31, 1891, a law of the plaintiffs provided that, "in the event of the death of all the beneficiaries selected by the member before the decease of such member, if no other or further disposition thereof be made, * * * the benefit shall be paid to the dependent heirs of the deceased member." The children, being "dependent heirs" of Joseph G., claimed the fund by virtue of this law. The widow claims that at a regular session of the plaintiffs, holden August 25 to September 1, 1891, this law was changed to the following: "In the event of the death of all the beneficiaries selected by the member," etc. (substantially as above), "the benefit shall be paid to the widow. If none, then to the heirs of the deceased member," etc. She claimed the fund under the law. At the time of the issuance of the certificate the plaintiffs' constitution contained this provision: "The constitution of this supreme council and the laws governing the benefit fund shall not be altered or amended except by a three-fourths vote of the members present at a regular meeting of the supreme council, or at a special meeting called for the purpose; and all proposed amendments must be presented in writing, signed by one or more members, and referred to the committee on laws, who shall report thereon as early as practicable, or at the next day's session." By other sections it was provided that "this council shall meet annually or biennially on the fourth Tuesday in August, at 2 o'clock p. m., at such place as may have been selected by a majority of its members present at the previous session," and that a committee on laws, consisting of three persons, shall be elected at each regular session, who, among other things, "shall examine and report upon all proposed amendments to the constitution and laws of this supreme council, presented at the supreme council." At the regular session of the plaintiffs holden in August. 1801, in pursuance of the above provision of the constitution, three members of the order, acting as a "committee appointed at the last session to revise and codify the constitution and laws of the order," reported as follows: "We have given attention to the duty imposed upon us, and have devoted much time and attention to the labor required, and have been joined and assisted in our work by your committee on laws. We have drafted an entire revision of the laws of the order. We have prepared our report in print, and submit it herewith." This report was referred to the committee on laws, who immediately made the following report to the meeting: "Your committee on laws, to whom was referred" the above, "report that we have had said report under consideration, and herewith return the same to the supreme council, and suggest that the same be considered by the supreme council." The supreme council, after considering seriatim the laws thus submitted, unanimously adopted the following resolution: "Resolved, that the existing book of laws of this incorporated association, now known as 'Supreme Council Constitution,' 'Laws,' and 'Subordinate Council Constitution,' be, and the same are, each and all, section by section, hereby repealed and made void from and after sixty days from the last day of this session of the supreme council, and that the report of the committee on revision and codification of the laws as presented and considered at this session, and adopted by sections as a code of 'by-laws' for the government of the entire order, be, and the same is hereby, enacted and adopted as a whole, as the 'by-laws' of the Supreme Council, American Legion of Honor, as the supreme law, and for the government of the order in all its departments." The law under which the children claimed was one of those purporting to be...