Kohler

In the District Court of the United States for the District of Montana, Yeomen Mutual Life Insurance Company, an Iowa corporation (hereafter called insurer), brought an interpleader suit against Clara Kohler, a citizen of Montana (hereafter called appellee), and Daisy S. Kohler, a citizen of Washington (hereafter called appellant), under § 24(26) of the Judicial Code, 28 U.S.C.A. § 41 (26). From a decree in favor of insurer and appellee, this appeal is prosecuted.

Prior to May 1, 1932, insurer was a fraternal beneficiary association 1 called the Brotherhood of American Yeomen. Its lodges were called homesteads. One of its homesteads (No. 546) was at Helena, Montana. On July 26, 1923, insurer issued to James Victor Kohler (hereafter called decedent), a member of Homestead No. 546, a benefit certificate (No. 177,490) wherein appellant, the then wife of decedent, was designated as his beneficiary. The certificate provided that, upon receipt of satisfactory proof of decedent’s death, insurer would pay his beneficiary a death benefit of $2,000. By the certificate, insurer’s bylaws were declared to be a part of the contract between insurer and decedent. The bylaws provided:

On…