MacHado

This action was originally brought by the sole heir at law of one Theodore Silveira to recover from the Conselho Supremo da Unuias Portugeza do Estado da California, a fraternal and benefit society, the amount due under a certificate of insurance' issued by it. The society admitted liability, but being in doubt as to the person to whom the fund belonged, respondent and his codefendants were interpleaded, and on payment into court by the society of the sum of one thousand two hundred dollars, the net amount due on said policy, it was discharged from liability as to all parties to the action.

The conflicting claims to the fund arose in the following ■manner: In November, 1894, Theodore Silveira became a member of the above-named society, and designated as his beneficiary one J. S. Neto. At that time there was no restriction upon the rights of a member to make such designation, thSre being no limitation, statutory or otherwise, as to the class of persons who could become beneficiaries under the policies issued by the society. In 1911 the legislature passed an act for the regulation and control of fraternal benefit societies which, among other things, limited the class of persons who…