Wilkes v. Hicks

• Decision Date: 29 May 1916
• Docket Number: (No. 25.)
• Parties: WILKES et al. v. HICKS.
• Court: Arkansas Supreme Court

186 S.W. 830

WILKES et al. v. HICKS.

(No. 25.)

Supreme Court of Arkansas.

May 29, 1916.

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor.

Interpleader by the Knights of Pythias of North America against George Hicks and Carter Wilkes and others. From a decree for defendant George Hicks, defendants Carter Wilkes and others appeal. Reversed and remanded, with directions.

The question alone of the right to the benefit provided in a policy issued to Prince Bedford, a member of the Knights of Pythias of North America, etc., an Arkansas fraternal insurance society, is involved in this appeal. The policy was issued on April 10, 1906, to Prince Bedford, and none of the parties to this suit were named as beneficiaries therein; later, the names of appellants were written in the policy as beneficiaries. The member continued in good standing until his death at Attalla, Ala., on February 25, 1913. On that day Prince Bedford called in some officers of the local lodge of the order at that place and informed them that he desired to change the beneficiary in his policy from appellants to his nephew, George Hicks, appellee, and signed a written request, in the presence of certain members, designating the said Geo. Hicks as the beneficiary, and requested that same be forwarded to the grand keeper of records and seal in order that the change of beneficiary should be made. He died afterwards on the same day, and the request for the change of beneficiary with the proof of the death of the member, was sent to the grand keeper of records and seal and in the same inclosure; the proof of death being made on February 26, 1913. The policy was issued with no beneficiary named therein and the insured had the right to insert the name of the beneficiary. The names of appellants were not written in the policy by the grand keeper of records and seal, nor had the name of Geo. Hicks been written in the policy at all. The by-laws of the order relative to a change of beneficiary provided:

"Any member of the order is hereby authorized to change his beneficiary named in his policy, at any time, but no such change shall take effect or be in force until after the beneficiary's name has been furnished to the grand keeper of records and seal and inserted by him in the face of the policy."

Several persons claimed the right to the benefit under the policy, and the order filed a bill of interpleader in the Pulaski chancery court and paid the amount of the policy into court, naming the several claimants as defendants. The case was submitted on an agreed statement of facts, virtually as above set out, and, from the decree adjudging Geo Hicks entitled to the fund, appellants prosecute this appeal.

Carmichael, Brooks, Powers & Rector, of Little Rock, for appellants. Bradshaw, Rhoton & Helm, of Little Rock, for appellee.

KIRBY, J. (after stating the facts as above).

In Robinson v. Robinson, 181 S. W. 300,...