Voigt v. Kersten

• Decision Date: 23 November 1896
• Citation: 164 Ill. 314,45 N.E. 543
• Parties: VOIGT v. KERSTEN.
• Court: Illinois Supreme Court

164 Ill. 314

45 N.E. 543

VOIGT

v.KERSTEN.

Supreme Court of Illinois.

Nov. 23, 1896.

Error to appellate court, First district.

Bill of interpleader filed in the superior court by the High Court of the Independent Order of Foresters of the State of Illinois, making Adolph Voigt and Anna Rosina Kersten defendants, for the purpose of determining which is entitled to the amount due on an endowment certificate issued by complainant to one Paul Anton Fischer. Decree for defendant Voigt. Appealed to appellate court by defendant Kersten, where decree was reversed (61 Ill. App. 42), and fund awarded to Kersten, whereupon defendant Voigt sued out error from supreme court, where judgment of appellate court is affirmed.

Sess. Laws 1893, p. 130, § 1, being part of an act for organization and management of fraternal beneficiary societies, approved and in force June 22, 1893, provides ‘that a fraternal beneficiary society is hereby declared to be a corporation or association, formed or organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit. Each society shall have a lodge system, with ritualistic form of work and representative form of government, and shall make provision for the payment of death benefits and may, in addition thereto, provide for the payment by local lodges of benefits in case of sickness, disability, or old age of its members, subject to their compliance with its constitution and laws. The fund from which the payment of such benefits shall be made, and the fund from which the expenses of such association shall be defrayed, shall be derived from assessments or dues collected from its members. Payment of death benefits shall only be made to the families, heirs, blood relations, affianced husband or affianced wife of, or to persons dependent upon the member; and such benefits shall not be willed, assigned or otherwise transferred to any other person. All such societies shall be governed by this act, and shall be exempt from the provisions of all insurance laws of this state, and no law hereafter passed shall apply to them unless they be expressly designated therein.’ The by-laws of the High Court of the Independent Order of Foresters of the State of Illinois, in force at the time the certificate in question in this action was issued, provided that ‘on the death of a member of this order in good standing the endowment shall be paid (1) to such person or persons as he may designate in his last will and testament or endowment certificate; (2) to his widow; (3) to his orphans; (4) to his heirs. In the absence of said will or endowment certificate, and in case such member shall leave no widow, orphans, or heirs, then such amount shall revert to the endowment fund of this High Court, and if no one entitled to take shall appear and make claim within one year from the date of said brother's decease, then such endowment shall be absolutely forfeited to the High Court, and revert into its treasury, and be applied in the payment of the next endowment, without assessment.’A. N. Tagert, for plaintiff in error.

Olson & Bantle, for defendant in error.

PER CURIAM.

We have carefully examined the record in this case, together with all briefs and arguments, and authorities cited by counsel for both plaintiff and defendant in error. The opinion by Shepard, J., in the appellate court, in the statement of facts, in the discussion of the legal questions involved, and in the conclusion arrived at, is all in accordance with the views of this court. The opinion of the appellate court is as follows:

‘This is a bill of interpleader, filed in the superior court by the High Court of the Independent Order of Foresters of the State of Illinois, a fraternal and benevolentorganization, orgaized and incorporated under the laws of the state of Illinois. The bill was filed for the purpose of having the court determine as to who is entitled to the fund or endowment due on certificate No. 36,302, issued by the complainant, the High Court of the Indefendent Order of Foresters of the State of Illinois, to Paul Anton Fischer, by the name of Tony Fischer. This certificate is dated January 14, 1893, in and by which the complainant agrees to pay to Adolph Voigt $1,000 on satisfactory evidence of the death of Paul Anton Fischer. The facts in the case are principally admitted by the parties, and are, in substance, that Paul Anton Fischer, commonly known as Tony Fischer, was an unmarried man; that he was a member in good standing in complainant society; that he died on October 30, 1894; and that at the time of his death he continued to be a member of said society in good standing. It is also admitted that the defendant Adolph Voigt is now alive, and is godfather of said Fischer. It is also admitted by the parties that neither the defendant Adolph Voigt nor Mrs. Anna Rosina Kersten is now or ever was a member of the family of said Fischer, or heir, blood relative, or affianced husband or wife of, or dependent on, said Fischer during his lifetime. It appears from the evidence that, after the deceased had taken out the certificate set out in the bill in this case, he desired to change the beneficiary named therein, and for that purpose applied to the subordinate lodge of the complainant order, asking that the payee or beneficiary named in the certificate be changed from Adolph Voigt to Anna Rosina Kersten, the written request to said society being dated October 19, 1894, and that, when said written request was presented to the proper officers of the complainant society, it was refused. It further appears that the deceased, on or about the 17th day of October, 1894, attempted to execute a will, in and by which he named said Anna Rosina Kersten, as beneficiary of said certificate No. 36,302, and directed that said benefit fund or endowment should at his death be paid to her. It thus appears, from the evidence, the admissions of the parties, and the allegations of the bill, that one or the other of the two defendants to the bill, the appellant or the appellee, is entitled to the fund named in the certificate held by the deceased, unless there is some provision of the statute of the state to the contrary. The appellee, Voigt, claims that by the statute of the state which was approved and went into effect June 22, 1893,...