Grand Lodge A. O. U. W. v. Miller

This action was brought by plaintiff in interpleader to have the court determine as to who was entitled to $1,000 due by it under a policy or beneficial certificate issued'to William Peacock. The $1,000, was deposited with the clerk of the court to abide the result, and plaintiff thereafter had no further connection with the case. The court filed findings, and caused judgment to be entered in favor of defendant Ida Miller. From the judgment so entered this appeal is taken.

The facts out of which this controversy arose may be briefly stated as follows: William Peacock held a beneficial certificate issued by plaintiff, by which it agreed to pay his beneficiaries the sum of $2,000 upon his death. He nominated his wife, Matilda F. Peacock, his beneficiary. The constitu tion and by-laws of plaintiff provided that upon the death of a designated beneficiary, in default of a new appointment by the holder of a certificate, prior to his death, then upon the death of the holder of such certificate, the amount should be paid to the children of such deceased, share and share alike.

Both William Peacock and Matilda P. Peacock were killed at Santa Rosa in the great earthquake disaster on the…