Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-16
ovERHTsER V. ovERHIsER.
Court of Appeals of Colorado.
NoVembnr IL. 1Saa.

court OF Appeals of Colorado.
November 13. 1899
IF a WIFE is DESIGNATED AS
THE BENEFICIARY IN HER
HUSBANDS CERTIFICATE IN A
MUTUAL INSURANCE SOCIETY.
AND IS AFTERWARDS d.
VoRCED, SHE IS ENTITLED TO
THE INSURANCE ON THE De- TfI
OF THE HUSBAND, IT HE HAS
NOT NAMED A DIFFERENT
BENEFICIARY.
The only question involved in this
suit was the proper disposition of the
insurance on the life OF George p.
Overhiser, which had been paid into
court pS the insurance association. He
was insured In a mutual benefit insur
ance society for $4,000. and desienatca
in his certificate OF insurance as his
Beneficiary his wife, the plaintiff Lena
ONerhlser. Sometime after his insur-
ance was effected. she was granted q
divorce from him. and not long after
wards he died, having made no change
in his certificate of insurance or in any
way directed 1t raid to-ahy=ene else
me lower court gave Judgment for
the plaintiff and defendants, who were
the father, mother and sisters of the
deceased, appealed.
The court says:
The contract in this case was. sub
stantially, that upon the prompt nav
rnent to the association by George p.
OVerhiser of all dues and assessments.
thereafter made, and the observance
OF the rules of the society, the asso-
clation would, upon his death, pay to
the beneficiary designated In the con-
tract (it being in this case Lena Over
hiser) a certain sum Of money 1t is
not commended that any of the condi-
lions Of this contract were violated by
Fhe insured member On the other
hand, it is conceded that it was in full
force and effect at the time of the
members death The only other re-
striction placed upon the member by
Inc bylaws. rules or regulations of the
order was that the party named in the
certificate should come within one of
the privileged classes. 1t must be con-
ceded that this condition was also full
iilied, Lena Overhiser being at the
time or the issuance Of the certificate
10 the member one of his family,
namely. his wife. All the conditions.
therefore, which the association exact
ed We're specifically complied with The
contract was complete, and so far as
Nhe association was concerned could not
thereafter be defeated. except by a
failure to pay, and within the proper
time, the dues and assessments which
might be taxed against the member
holding the certificate. The important
question, however, is what rights have
the appellants. or any of them, to the
fund arising from the payment of this
certificate. and whence do they derive
their rights? The contract. as we have
seen, was complete with the member
by which 1T was stipulated that in the
event OF his death, Lena Overhiser
should be the beneficiary. According
70 the bylaws of the association. this
fight could be defeated. and the rights
OF appellants be initiated. In only one
Z OF two ways: First. By George p
Overhlser exercising his privilege Of
changing the name of the beneficiary
in the method prescribed. This was
never done nor attempted. Second. BY
the death OF Lena Overhiser. She be-
Ing alive, there can be no claim under
This provision. How. then, can It be
said that any rights whatever OF ap-