Swift v. the Ry. Passenger

• Decision Date: 30 September 1880
• Citation: Swift v. the Ry. Passenger, 96 Ill. 309, 1880 WL 10108 (Ill. 1880)
• Parties: MARY A. SWIFTv.THE RAILWAY PASSENGER AND FREIGHT CONDUCTORS' MUTUAL AID AND BENEFIT ASSOCIATION et al.
• Court: Illinois Supreme Court

96 Ill. 309

1880 WL 10108 (Ill.)

MARY A. SWIFT

v.THE RAILWAY PASSENGER AND FREIGHT CONDUCTORS' MUTUAL AID AND BENEFIT ASSOCIATION et al.

Supreme Court of Illinois.

Filed at Springfield Sept. 30, 1880.

APPEAL from the Appellate Court for the Third District;--heard in that court on appeal from the Circuit Court of McLean county; the Hon. OWEN T. REEVES, Judge, presiding. Mr. H. R. BENSON, Mr. H. L. KARR and Mr. O. W. ALDRICH, for the appellant.

Messrs. BLOOMFIELD & HUGHES, for the appellee.

Mr. CHIEF JUSTICE DICKEY delivered the opinion of the Court:

Clark Swift was a member of “The Railway Conductors' Mutual Association,” etc., and by reason of his membership, under the provision of their articles of association, had an insurance, by which that company was liable to pay, in case of his death, $2500. By the rules of the association, to which he was a party, by becoming a member, it was provided that the money to arise from the insurance might be disposed of by will, and if not so disposed of, should belong to and be paid to his widow, or in case he had no widow, then to his legal heirs or representatives. Some time in 1875, while he was a member of the association, and had the dues paid up regularly, he made a will, by which he gave his two daughters, Emma and Etta, all the proceeds of this life insurance, to be paid to them at the age of 18 years, provided they both arrived at the age of 18 years, and appointed John L. White the executor of his will, and afterwards delivered his will and his certificate of membership to White.

In February, 1877, he went to California. There were then assessments due to the association, which had to be paid, in order to preserve the insurance, amounting to $38.00. Swift remained in California until May, 1878, when he died there.

His wife, and his two children by a former wife, were then living in Illinois.

In December, 1877, he wrote a letter, dated Valley Post Office, December 10, 1877, addressed to his wife, in which he said:

“My assessments of Greenman,” (an officer of this association,) “are all legitimate. I wrote him when I first came west they should be paid, but I have not now the money to pay. If I should be taken away you would get $2000, if you choose to pay the assessments. I will refund them to you, if I live. * * * The enclosed note makes the policy yours, if you wish to keep it up. * * *

Yours, as ever,

CLARK.”

In that letter he enclosed to his wife a writing, in the words following:

“BEAR VALLEY POST OFFICE,

San Diego, Cal., Dec. 11, 1877.

Know all men by these presents, that this is my wish, made in sound mind, that I revoke all former life insurance policies, and do this day, Dec. 11, 1877, make my policy of the Conductors' Life and Benefit Association, read for the benefit of Mrs. M. A. Swift, in case of my death, and for her special benefit all that may be derived therefrom.

CLARK SWIFT.”

After the receipt of these papers, Mary A. Swift, the wife, paid up the assessments, amounting, as stated above, to $38.00.

The association admits its liability to pay $2500 upon this insurance, and is willing to pay it to whomsoever is entitled to receive it. John L. White, as executor of the estate of Swift, claims the money for the benefit of the children, Emma and Etta. Mary A. Swift, the wife, claims the insurance money by virtue of the instrument in writing set forth above.

This is a proceeding in chancery, instituted by Mrs. Swift, to which the association, and the executor of Clark Swift's will, are made parties defendant. Cross bills were filed and issues formed, the case heard, and by the decree of the court the bill of the complainant was dismissed, and it was decreed that White, the executor, was entitled to receive the proceeds of the amount due upon the certificate of membership of the association, and that he refund therefrom the amount of the assessments paid by Mrs. Swift, the complainant, amounting, with interest, to the sum of $41.80. From this decree, Mrs. Swift appealed to the Appellate Court, and the decree of the circuit court was there affirmed, and from that decision she appeals to this court.

It is insisted by appellee that the writings forwarded to his wife by Clark Swift, from California, do not constitute an assignment,--a present transfer of his interest in the certificate of membership, and of the rights which might arise thereunder. They were evidently drawn by an illiterate man, not familiar with the forms of legal instruments; and, while some of the phrases used would seem to indicate that he regarded one of...