Smith v. Boston & Maine Railroad Relief Ass'n

Beneficiary A ssociation —1 ‘ Family ’ ’ — Designation of Beneficiary — Finding in Favor of Widow living separate. Under St. 1882, c. 244, § 1, authorizing a corporation to apply property for the relief of its members and their “ families,” a member’s sister, who was not dependent upon him and was not living with him, is not a member of his family, within the meaning of the statute. Where the last designation of a beneficiary in a certificate of membership in an association fails, a previous designation of another beneficiary remains in force, if valid. In an action upon a certificate of membership issued by a beneficiary association authorized by statute to apply property for the relief of its members and their “ families,” if a finding is made in favor of the widow of the member, who was living separate from him, it will be assumed by this court that the separation was a simple living apart without change in the legal relation.

Contract, to recover the sum of 11,000, alleged to be due under a certificate of membership issued by the defendant association to one James W. Merrill. Upon the petition of the defendant, Annie C. Merrill, the widow of James W. Merrill, was admitted as a claimant of the funds in its hands. At the hearing in the Superior Court, before Maynard, J., without a jury, the following facts were agreed. James W. Merrill is deceased, and at the time of his decease was a member of the defendant corporation in good standing. The plaintiff is a sister, and the claimant is the wife of the deceased, living separate and apart from him. The certificate was originally made out to the plaintiff on March 1, 1885, the deceased being then a widower. Subsequently he married the claimant and surrendered the original certificate and procured one in lieu thereof, wherein the claimant was named as beneficiary. Afterwards he and. the claimant separated, and he thereupon surrendered the certificate in which she was named as beneficiary, and in lieu thereof took out the one now in suit in which the plaintiff is named as beneficiary. The defendant corporation, was formed under St. 1882, c. 244, and no other statute is applicable thereto. In addition to the above facts, the judge made the following finding: “ I find as a fact that the plaintiff was neither a member of his [the deceased] family nor was dependent upon him at the time any of said certificates were issued, or during the time they were in force.” Upon the above facts, the judge found for the claimant; and the plaintiff alleged exceptions.