, 1902-04-12
DIVISION
OF. SMITH INSURANCE MONEY OR
DERED BY JUDGE c. w..
BRAMEL.
Mrs. Code to Receive Fifteen Hundred
and Mrs. Storey Five Hundred
Dollars, Each to Pay Her Share Of
the Expenses Of the Trial Of the
Famous Case.

the Expenses Of the Trial Of the
Famous Case.
Judge Bramel of the district court
today handed down his decision in the
| ey-Smith case, which has been in the
courts OF Laramie and Albany county
for some time, and which has attract
ed more or less attention all owe this
section of the country. 1t is entitled
The Grand Lodge OF the Ancient Or
der of United Workmen OF Utah, wy
oming and Idaho, plaintiff, against
Annie Storey and Bertha Smith, de-
PENDANTS"
In his opinion, which covers seven
typewriter pages. Judge Bramel re-
views the case at some length. 1t was
instituted by the grand lodge against
Annie Storey and Bertha Smith and
was commenced in the district court
Of Laramie county. A change of venue
was had by the defendant Smith and
the cas- sent to this county.
Many Of the facts in this case are
admitted by the pleadings,' says the
court. and from such admissions and
the evidence in the cast the court
summarizes the facts as follows:
I'm November. 1894. the insured.
John J. Smith, became a member Of
Laramie Lodge No. 4, A. o. U. W., of
Laramie, and the latter part Of said
member and took out a beneficiary
certificate in the sum of $4,000; that
he appointed the defendant, Bertha e.
Smith, in said certificate the benefc-
larry, and that thereafter, on the eth
daSEsof November, 1894, he delivered
said certificate to the defendant Smith.
Further, that the defendant Smith
from tie 9th day of November, 1894,
had the possession of the beneficiary
certificate under her control and in
her possession all the time; that she
paid all the dues and assessments OF
the certificate and kept it in full force
aud effect. The defendant Story in
her pleadings admits that since the
early summer Of 1897 Mrs. Smith paid
all Of the charges upon the certificate.
From the testimony Of Troederup,
Deckelman INT Jamison and thj pro
duction by the defendant Smith of
nearly all the receipts during the en-
tire period of the life of the certificate,
and the defendant Smith accounting
for about thirty Of the receipts that
she lost, it would be apparent that the
defendant Smith had paid all the
charges of the certificate.
These facts we're well known to the
defendant Storey by conversation with
the insured and with the defendant
Smith.
1.-THE matter stood thus until Deem
Der. 1900. The insured was at the
home of the defendant Storey and was
seized with his last illness, which prov
ed fatal on the I'd of March, 1901"
The court then tells of the attempt
Of the insured to transfer the certifi-
cate from defendant Smith to defend
ant Storey. After going into the de.
tails of this attempt to transfer the
certificate, and reviewing the evidence
at considerable length, the court says:
Il am therefore constrained to hold
that the change of beneficiary was
never effected by the insured Smith"
The concluding paragraphs Of the
opinion are as follows:
you will note that the amount OF
money to be paid on the death Of the
insured is $4,000, and that the order
plaintiff has paid this money into
court and that the sum aforesaid is
under the direction of the court. This
is a court of equity and good con
science. and in deciding this case l
believe 1t to be the duty Of the court
to inquire into the equities of the
parties litigant, and to make such a
distribution OF the funds as equity
and good conscience may require. The
defendant Smith was the beneficiary
named In the certificate. She had pos
session of it almost from the moment
1t was issued to the day Of trial. She
paid all Of the dues and assessments
and kept 1t in life. Without her ef-
forts there would be no fund in ques-