Bristol

The plaintiff is a fraternal and beneficial organization, of which Charles R. Aubrey was at the. time of his death a member in good standing. While such member, in accordance with the laws of the plaintiff corporation, there was issued to him a benefit certificate for $500, in which certificate he named as the beneficiary thereof the respondent Alice Bristol. She, although sometimes known by the name Aubrey, was not related to the deceased, and the sole heir left surviving him is his mother, the appellant. Upon the death of Aubrey both respondent and appellant demanded payment of the certificate, whereupon the plaintiff filed a complaint in interpleader against them, in which, while it denied the claim of appellant to any interest in the fund, it offered to pay the money into court “for the use and benefit of the person or persons, if any, found to be entitled thereto.” Subsequently the $500 was by plaintiff deposited with the clerk of the superior court for that purpose.

The provision of the laws of the plaintiff which governs the question as to who is entitled to this fund reads as follows:

Organizations like the plaintiff are generally created and instituted for the aid and…