Franklin's paper the statesman., 1912-04-20
Emergency and the Man!
LAWYER w. B. TOWNSEND WINS
AN IMPORTANT CASE FOR THE
PRINCE HALL GRAND CHAPTER
OF THE EASTERN STAR.

There has occurred this week the
settlement of a case which is of great
interest to members of societies hay-
ing endowment features. 1t is signal
victory for Lawyer w. B. Townsend,
one which stamps him as success in
4 civil practice as great or greater than
he has been in criminal practice, a
class of work to which he has given
most of his long service at the bar.
This case is one of several which
Mr.. Townsend has had in recent
months, and in each of them he has
been victorious. He seems to be max
ing insurance, examination of tiles,
and general civil practice his forte, a
class of business which is growing
rapidly because of the increasing COM
mercial Importance of the race and
for which few of it's lawyers have ade-
quate training. With him trained and
capable to undertake this class of
law practice, the need of resorting to
lawyers of the other race for this
class of work, is gone. We are glad
to report his success and gladder still
that his proven worth means the
opening of a new field of endeavor
hitherto unusual in the race.
1t will be remembered that Mrs.
Rebecca Mosby was a member of the
Order of the Eastern Star, No. 10, of
this city. The order, by its bylaws,
gives to each member the right to
name someone who will be her bene-
ficiary to receive the sum of 500 at
the death of member. Mrs. Mosby,
in her lifetime named her husband,
but Mr. Mosby died before Mrs. Mos
by and she did not name any other
person to take the 500. After the
death of Mrs. Mosby her brother, j.
d. Anderson, sued the Prince Hall
Grand Chapter of Kansas and the
branch order of Eastern Star of this
city TO recover the money claiming
the same as sole heir. The case was
twice tried, once in justice court and
Lawyer Townsend won. 1t was ap-
pealed to the county court and was
tried on the 18th, the court rendered
his decision Thursday in favor of the
Order of the Eastern Star and agains
J. ID. Anderson.
The following is the judgment
which We give in full. that all maj
understand the law:
In case a member of a beneficia
society fails TO designate beneficiar.
the benefits are to be distributed ii
the manner prescribed by the law
of the society or the certificate o
membership. In the absence of an
provision in such a case, the societ
is liable TO no one. 1t amounts to
failure to designate a beneficiar
within these rules where TIL
member revokes previous designa
tion without making another.
Beneficiary has no vested rights
only an expectancy.
If on the death of the beneficiar.
in the lifetime of the member, th
latter fails to designate new benf
ciary, the fund becoming payable OIL
the members death reverts to thu
society, in the absence of anythin!
to the contrary in the rules Of the so
ciety or the contract of insurance
and ARE IN NO SENSE ASSETS OF
THE ESTATE: FURTHERES1
POWER is FOR PERSONAL REP
RESENTATIVE TO COLLECT AMI
PAY TO THOSE ENTITLED; l. e.
SOCIETY MAY PLEAD IN BAR
PAYMENT TO ADMINISTRATOR
OR PERSONAL REPRESENTATIVE
Reasoning may be thus: That the
society provided how beneficiary may
be designated or changed, and If the
rules are not complied with society
is not bound as trustee to hold mon
eys for anyone, either for reason
able time Or for any time. To do SO