Vaughn v. National Council, Junior Order U. A. M.

• Decision Date: 01 March 1909
• Parties: VAUGHN v. NATIONAL COUNCIL, JUNIOR ORDER UNITED AMERICAN MECHANICS.
• Court: Missouri Court of Appeals

117 S.W. 115

136 Mo. App. 362

VAUGHN v. NATIONAL COUNCIL, JUNIOR ORDER UNITED AMERICAN MECHANICS.

Kansas City Court of Appeals. Missouri.

March 1, 1909.

Rehearing Denied March 29, 1909.

1. WORDS AND PHRASES — "LEGAL."

The term "legal" means that which is according to law.

2. INSURANCE (§ 793) — POLICY PAYABLE TO "LEGAL DEPENDENT" — PERSONS TO WHOM PAYABLE.

There being no legal duty imposed by law on insured to support his mother, as is the case with his wife and minor children, she is not a "legal dependent" within the meaning of a policy payable to his "legal dependent."

Appeal from Circuit Court, Jackson County; E. E. Porterfield, Judge.

Action by Mary Vaughn against the National Council, Junior Order United American Mechanics. From a judgment for plaintiff, defendant appeals. Reversed.

Smith W. Bennett and Ulmann & Miller, for appellant. H. S. Julian, for respondent.

BROADDUS, P. J.

This is a suit by plaintiff to recover on a policy of insurance on the life of Harry R. McGregor. The policy reads as follows: "No. ______. Class B. The National Council, Junior Order United American Mechanics, United States of North America (Incorporated April 10, 1893), will pay to the legal dependent of Harry R. McGregor, within thirty days from the receipt of the proof of his death the sum of five hundred dollars ($500.00), upon the condition that the said Harry R. McGregor is now and shall be at the time of his death a beneficial member in good standing of a subordinate council of said order, and affiliating with the National Council of said order and also a member in good standing of the funeral benefit department of said National Council, in class B, in accordance with the laws of said National Council, and his state and subordinate council now in force or hereafter adopted prior to said death. In witness whereof, said National Council hereunto affixes its hand and seal this ______ day of Jan'y, 1903. The National Council, Junior Order United American Mechanics, by Stephen Collins, Secretary and Manager of Funeral Benefit Department. [Beneficiary Degree National Council Jr. O. U. A. M. Incorporated Apr. 10, 1893. Funeral Benefit Department.]"

Plaintiff in her petition alleges: That the said Harry had neither a wife, children, father, nor brothers and sisters at the time of his death on June 27, 1906; that she was his legal dependent; and that all the terms and conditions of the policy have been complied with. In defense defendant states: That it is a fraternal beneficiary society organized under the laws of the state of Pennsylvania...