Overton v. Sovereign Camp, W. O. W.
Overton v. Sovereign Camp, W. O. W.
Opinion of the Court
Authority is not needed, but a well-reasoned decision directly in point will be found in Sup. Council Royal Templars v. Curd, 111 Ill. 284, 289, and our own. case of United Order Golden Cross v. Hooser, 160 Ala. 334, 342, 343, 49 South. 354, would, by analogy, seem to be decisive.
This rule is recognized also in Carlson v. Sup. Council Am. L. of H., 115 Cal. 466, 47 Pac. 375, 35 L. R. A. 643, with a quotation from Borgraefe v. Sup. Lodge, K. & L. of H., 22 Mo. App. 127, wherein the subject is excellently discussed.
It necessarily follows that the member Overton lost all rights and benefits under his certificate ipso facto upon his conviction of murder, unless the forfeiture was legally waived by the order (and there is no such contention), or unless it is prevented by section 68 of the laws which prescribes the conditions of incontestability.
In the case of Sup. Council Royal Templars v. Curd, 111 Ill. 284, wherein the member’s offense was a breach of his pledge of total abstinence, and under a forfeiture clause substantially like the one here shown, the court said:
“The words are to be construed with reference to the language * * * of the certifi *586 cate, and when this is done they manifestly mean not only good reputation, but good conduct; that is, freedom from a violation of the pledge of total abstinence,” etc.
The violation of the pledge, therefore, and not the expulsion or suspension by reason thereof, is “a cause for forfeiture of rights and benefits under the certificate.” See, also, to the same effect, Smith v. Knights of Father Mathew, 36 Mo. App. 184; Puhr v. Grand Lodge, etc., 77 Mo. App. 47, 63; McMurray v. Sup. Lodge, K. of H. (C. C.) 20 Fed. 107.
We hold that under the laws of the order, to which we have referred, Overton’s conviction of murder ipso facto deprived him of his standing as a member of the order, and that he was not a member “in good standing” at the time of his death, from which it results that the payment of the benefit was contestable, notwithstanding section 68 of the laws.
The rulings of the trial court on the pleadings, and in the giving of the affirmative charge for defendant, are in harmony with the foregoing views and conclusions, and the judgment will therefore be affirmed.
Affirmed.
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