Pimentel

This action was brought by the minor plaintiffs through their guardian to recover the benefits under an insurance policy upon the life of their father, Antonio Cardozo Pimentel, issued by the defendant, a fraternal benefit society. Plaintiffs had been named as beneficiaries in the policy but, shortly before his death, the insured attempted to change the beneficiary clause in favor of his brother, J. C. Pimentel. The defendant paid into court the $1400 due under the policy and, by cross-complaint, brought in J. C. Pimentel as a party. The trial court found there had been no change of beneficiary in accordance with -the terms of the policy, the constitution and by-laws of the society and gave judgment for the plaintiffs. This appeal is taken by the cross-defendant J. C. Pimentel.

The undisputed facts are that Antonio Cardozo Pimentel a member of the society and holder of the policy in question, entered a hospital on January 18, 1933. Shortly after entering the hospital, he requested Manuel Cardoza, a friend and lodge brother then visiting him, to ask his brother, J. C. Pimentel, the cross-defendant and appellant, to get the policy, take it to Freitas, an attorney, and have himself…