Jory

The right of ownership to the proceeds of a two-thousand-dollar benefit certificate, issued by a mutual benefit society, known as the American Legion of Honor, forms the subject of this litigation. The society is not an active party to the litigation, having paid the money into court, and being entirely satisfied with the court’s adjudication as to whom it belongs. The respondent and appellant are brother and sister, and the beneficiary certificate was taken out by the mother, Emily Kate Jory, and made payable upon her death to the daughter appellant, or any other member of the mother’s family whom she might thereafter ■ in her lifetime designate.

The by-laws of the society provide that members may, at any time when in good standing, surrender their benefit certificates, and have new ones issued, payable to such beneficiary dependent upon them as they may direct, subject, however, to the provisions of section 2: “ Such change to be made upon petition to the supreme secretary, signed by the member desiring to make the change, attested by the secretary of the subordinate council, and having the seal of the subordinate council attached, substantially in accordance with the form…