Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1907-08-15
THE WIFE WINS.
The State Supreme Court Makes
An Important Decision.
"A Complicated Insurance Case as to
Who Should Receive the Benefit
Decided.

/
The State Supreme Court has inst
decided case that is of much impor.
tance to all people who carry insur.
ance policies. The supreme court has
reversed the lower court in the case
OF Mrs. hattie K. Speegle against me
Woodmen of the World. suit for in.
surance money under the member
snip in the order held by the late ].
II. Speegle, out of whose auministra-
tion or the office of county supervisor
OF Greenville so mucn sensational
matter developed a few years ago.
Mrs. Speegle wins the case before
the supreme court and is held to be
entitled to the sum of $4,000.
ine opinion of the supreme court
is written by Chief Justice Pope and
briefly recites the facts in the case.
On June 10, 1896, j. L. Speegle be-
came member of the Wood
men or the world and re-
ceived benefit certificate for $4,000.
payable at his deaIn to his wife, Sus-
an Speegle, and subject to ne consti-
tuition and bylaws of the oruer. Mrs.
Speegle died in March, 1900, and
thereafter Mr.. Speegle married Miss
Hattie X. Goodwin. the marriage be-
ing performed at the Jerome hotel
in Columbia. There were seven chill
dren by the first marriage.
After the death of the first Mrs.
Speegle no new beneficiary was nam
ed in the certificate. Mr.. Speegle
died Oct. II, 1905, his wife, Mrs.
Hattie K. Speegle, surviving him. one
began action on March %, 1905. to
recover the amount of the certificate
The defendant cooperation =. ed "a pc
tition for interpleader alleging that
there was dispute between the
plaintiff and the children OF the first
marriage as to who was entlLled to
the benefit and prayed tnat it be al
lowed to pay the fund into court. and
that the children he made parties de-
fendant and contest with the plain
tiff the right to the benefit I lie
petition was granted and the children
appeared and answered. Judge
Watts held that they were entitled to
the fund, and plaintiff appealed
Chief Justice Pope the quotes the
constitution and bylaws of the Wood
men of the world organization, sec
tion 3, stating the regulations in re-
gard to payments of benefits. 1t
is provided therein that in case bene-
fits are payable to relative also
deceased at the time of the members
death, and no new designation has
been made, the benefits shall be due
and payable to- the members next
living relations in the order named in
this section-to wit, wife, children
| adopted children, parents, brothers
and sisters.
The Chief Justice discusses the
meaning of the word next" lin this
section, admitting Tat there is a
shade of difference in meaning be-
tween next" and nearest" but con
Guiding that in this connection the
word means nearest" The purpose
provide by these benefits for depen-
dent relations of the members, and
| it is held that the wife is the first
| in the order named.
The respondents set up the con
tention that on the death of the first
wife here interests in the benefit re.
verted to her children. 1t was fur
ther claimed that the failure to name
new beneficiary exhibited the in
tention that the children should be
the beneficiaries. This, says the
chef Justice, is not sustained. Spec
gle had the power at any time tC
change the beneficiary under the by.
laws of the organization, and unti
his death no one could be said &c
have vested interest.
Even if there had been no second
wife the children could have had only
an expectancy or contingency in the
benefit. 1t is just as probable that ht
intended by the failure to name {
new beneficiary that the benefit
would fall to his wife. The chic
| justice holds that by his second mar
| nA hnI
made, in the light of the bylaws. ;
new beneficiary, and this caused the
expectancy of the children to cease
On these grounds the judgement o
the circuit court is reversed.