Evening journal., 1909-10-19
COULDN'T CHANGE
THE BENEFICIARY
Brooklyn Justice Makes I'm
pOrtant Ruling in Royal
ArCanum Case

BROOKLYN, N Y. oct ia.-In a suit
which was recently tried before Justice
Marean, In the Supreme Court, the ques-
ton was raised as to whether member
Of the Royal Arcanum had a right 10
change his beneficiary at will without
the consent OF the beneficiary. After list
ening to the arguments which involved
the payment of 5000 as insurance on the
life Of Elmer L. Magill, Justice Marean
decided in favor Of Blanche A. Magin. tho
widow, and made the following important
ruling:
while a member Of the Royal Area
mum has an absolute right under the
rules and regulations Of the order TO
change the beneficiary at will aud without
the consent Of the beneficiary. even TO
divert the money from his wife to stran-
gers. still it must be shown clearly to
the court that the insured man was men
tally competent and knew what he was
/ doing when he attempted to make the
transfer
The history OF the litigation over the
payment of the money will be OF consid-
erable interest to the members OF the
Royal Arcanum and other fraternal or
ganizations which pay death benefits.
Magin was insured in the Royal Arcanum
many years ago. and named his mother.
Susan A. Magili as the beneficiary When
he married. thirteen years ago. he made
his Wife Blanche A. Nfagill, the benes
hciary, and the certificate remained in
her name until February 2s, 1905
In the spring Of 1906 Il is said. Magil
began to develop mental weakness, and at
times lost the power OF speech. II was
also claimed that he could not write leg
IDLY. but despite this he continued TO at
tend to his business as a partner in the
engraving firm Of r. =. Noble & Com
pany at 10 Warren street Manhattan. AZ
this time he lived with his wife az i66
Nostrand avenue. Mr.. and Mrs. Magin
were devoted to each other until 1905.
In August. 1907. Magiiis father took his
son to his home at 134 Halsey street. and
on the night Of February 2s. 1908. the elder
Magill It was charged took his son 10
the Long Island Council of the Royal
Arcanum and the young man signihed 10
the secretary Of the council that he
wanted to change his certihoate In going
through the formality of having the GER
tihcate changed Magill, it is said. sue
]
place but could not write the name Of
the new beneficiary. Tho Secretary final
~ told him to take the paper back home
and write the names. At a subsequent
meeting Magill appeared with the names
Of Susan A. Magil and Harry Msgill his
mother and brother, written on the GER
tifcate.
Arthur c. Salmon, the general counsel
of the order. after investigating the cir
cumstances, reported to the Grand Lodge
that Magill. in his opinion, was not com
petont when he attempted to make tn,
change OF benehciaries. and as result o
this the order refused 10 grant a new
> certificate in favor OF the mother an
brother.
Incompetency proceedings were then il
y stituted. and in June. 1908. four month
2" after he had attempted to change h
beneficiary. Justice Kelly appointed Ms
gill's wife a committee Of the person. an
- Alexander G. Findlay OF the property
B. In January last, Magin died and hi
wife applied to the ROYAL Arcanum ia
it tho insurance fund. The mother an
s. brother put in similar claim. Owing {
l. the dispute. the money was paid into tn
e Court by tho Arcanum and the fight be
d tween the contending parties turned upo
the competency OF the insured at the tim
he attempted to change the benedcariel
In deciding the case Justice Marean sal
the names of the benehciaries written
the certificate were plainly not written b
Elmer Masill although he had signed III
own name as testified to by the secr'
tary OF Long Island Council. The coui
sc also held that the proof was not SUIT
" cient 70 convince 1t that Magill had sufi
ie cient mental capacity to understand viii
4 nc WIS doing and decided that the fur
be paid TO the widow.
re