Ells

This is an appeal from a judgment in favor of respondents in an action to recover death benefits under *292 an insurance certificate issued by the appellant fraternal beneficial order.

On January 2, 1914 appellant issued an insurance certificate to James Fisk Ells, respondents’ father, which provided that he was accepted as an insured member under “Class A” and as such entitled to all the rights and benefits provided in the constitution of appellant for such insured members. The certificate contained the following provision: “This Certificate, the Constitution, By-laws and Articles of Incorporation of said Order, together with the application for insurance .. . shall constitute the contract. . . and shall govern the payment of benefits.” Under the constitution, “Class A” insured members were to be indemnified against the results of bodily injury or death caused by accidental means. On April 2, 1939, the insured accidentally fell in the bathroom of his home and sustained injuries which resulted in his death on April 4, 1939. At the time of his. death he was in good standing, having paid all dues, assessments and other charges called for under the terms of the insurance certifícaté…