Grimme v. Grimme

101 Ill. App. 389, 1902 Ill. App. LEXIS 625
CourtAppellate Court of Illinois
DecidedMarch 31, 1902
StatusPublished
Cited by1 cases

This text of 101 Ill. App. 389 (Grimme v. Grimme) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grimme v. Grimme, 101 Ill. App. 389, 1902 Ill. App. LEXIS 625 (Ill. Ct. App. 1902).

Opinion

Mr. Justice Adams

delivered the opinion of the court.

The appellee, Martha Grimme, was married to William F. Grimme in November, 1887, and William F. Grimipe departed this life June 22, 1900. The Supreme Lodge of Mutual Protection, a fraternal association incorporated under the laws of the State of Missouri, October 14, 1894, issued to William F. Grimme, on his application, a certificase of membership in the association, which contains the following:

“ That the Supreme Lodge will, upon his death, provided he has, while a member, complied with the charter, constitution, laws and regulations of the order, pay from the widows’ and orphans’ protection fund the amount of one assessment, not to exceed, however, the sum of two thousand dollars, to his wife, Martha Grimme, unless this certificate should be by him revoked.”

Subsequently, June 6, 1900, on the application of William F. Grimme to have the certificate of October 14, 1890, canceled and a new certificate issued in lieu thereof, the association issued to him a certificate by which the insurance money is made payable to Martha Grimme and to George Grimme, the father of William F. Grimme, after the death of William F. Grimme.

The appellant and the appellee made conflicting claims for the sum insured, and the Supreme Lodge of the Order of Mutual Protection filed a bill of interpleader against Martha and George Grimme, praying that their conflicting claims might be settled, and admitting its liability to pay to whomsoever might be entitled thereto the sum of $1,719.20. The defendants, George Grimme and Martha Grimme, set up, by their pleadings, their respective claims, and the cause was heard by the court on evidence produced and the testimony of witnesses heard in open court. The court found that certificates were issued Jby the complainant as heretofore stated; that the certificate of June 7, 1900, was duly issued to and accepted by William F. Grimme and retained by him till his death; that he left him surviving his father, George Grimme and Martha Grimme, his wife, and no child or descendant of any child; that George Grimme was not, at or before, or at any time subsequent to the issuing of the certificate of June 7, 1900, dependent on the said William F. Grimme; that the said William F. Grimme was in ill health and penniless, and for several years prior to and down to the time of his death had lived with his father, George Grimme; that, under the charter, constitution and laws of the complainant, in force at the death of the said William F. Grimme, and by reason of the laws of descent of the State of Illinois, the defendant, Martha Grimme, became and is now entitled to the whole amount payable on said certificate, and that the defendant, George Grimme, was and is ineligible to take as beneficiary under said certificate, and is not entitled to any portion of said fund. The certificate referred to in the language quoted is the certificate of June 7, 1900. The decree concludes thus:

“ It further appearing to the court that the complainant, Supreme Lodge Order of Mutual Protection, on April 10, 1901, in pursuance of an order of this court heretofore entered in the above entitled cause, deposited with the Northern Trust Company the sum of $1,719.20, subject to the order of this court, it is, therefore, ordered, adjudged and decreed that, and the Northern Trust Company is hereby directed, to pay over to Martha Grimme, or James E. Ward, her solicitor, said sum of $1,719.20, and the accrued interest thereon, if any, less the sum of $87.20 clerk’s and sheriff’s costs and solicitor’s fees allowed to the complainant, which sum of $87.20 the said Northern Trust Company is directed to pay to the complainant, or its solicitor. Thereupon it is ordered the said Northern Trust Company be and it is hereby discharged from all liability on account of said fund.”

The court’s findings of fact are fully sustained by the evidence, and the question of law presented hy the record is, whether George Grimme, the appellant, was eligible as a beneficiary. The Supreme Lodge of Mutual Protection being a Missouri corporation, the question whether he was so eligible must be determined by reference to the laws of Missouri, and the charter, or articles of association of the corporation. The Supreme Lodge of Mutual Protection was incorporated May 5, 1880. Its' charter was amended in April, 1884, but the amendment is immaterial to the question presented. The objects of the corporation are specified in the charter, among which is the following :

“ 2d. To provide means from the proceeds of assessments upon its members wherewith to assist its sick and disabled members, and for the relief and aid of the families, widows, orphans or other dependents of its deceased members.”

Other objects are specified in the charter, but none of them has any relevancy to the eligibility of beneficiaries.

December 1, 1894, the order became re-incorporated in pursuance of the provisions of article 10, chapter 42, of the Revised Statutes of 1889 of the State of Missouri. One of its specified objects was identical in all respects Avith the object above mentioned in its 1880 charter. The constitution and statutes of Missouri, hereinafter referred to, were put in evidence. The constitution of the State of Missouri, in force when the association Avas incorporated and when it was re-incorporated, contained the following provision:

“ Ro corporation shall engage in business other than expressly authorized by its charter, or the laAv under Avhich it may haxm been, or hereafter may be organized.” Rev. Stat. 1899 (Mo.) Vol. 1, p. 111, Sec. 7.

The statutes of the State of Missouri, when the association was incorporated and down to and including the year 1899, contained substantially the folloAving provision :

“ Any number of persons, not less than three, who shall have associated themselves by articles of agreement in Avriting, as a society, company, association or organization, formed for benevolent, religious, scientific, fraternal, beneficial or educational purposes, may be consolidated and united into a corporation. Such articles of agreement may be organic regulations, or a constitution, or other form of association, and any corporate name, not already assumed by another corporation, may be chosen as the title of the corporation; Provided, always, that the purpose and scope of the association be clearly and fully set forth.” Rev. Stat. (Mo.) 1897, p. 178, Sec. 970; Rev. Stat. (Mo.) 1899, Vol. 1, p. 451, Sec. 1394.

Section 972 of the Revised Statutes of 1879 of Missouri is as follows:

“ The associations and societies of the character referred to and mentioned in section nine hundred and seventy may also include in their corporate powers the privilege of providing for the relief and aid of the families, widows, orphans or other dependents ol their deceased members, or for assisting such as may be sick or disabled, from the proceeds of assessments upon the members of such society or association.” Rev. Stat. (Mo.) 1879, p. 178.

Section 3823 Rev. Stat. 1889 of Missouri, Yol. 1, p. 720, is substantially the same as the last section quoted, except that the word kindred is inserted between the words “ other ” and “ dependents,” so that the reading is, “ other kindred dependents.”

George Grimme not having been in any way dependent on his father, William F.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mund v. Rehaume
51 Colo. 129 (Supreme Court of Colorado, 1911)

Cite This Page — Counsel Stack

Bluebook (online)
101 Ill. App. 389, 1902 Ill. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimme-v-grimme-illappct-1902.