Costigan & Roll v. Sallie Gilson's Committee
Costigan & Roll v. Sallie Gilson's Committee
Opinion of the Court
Opinion of the Court by
Dismissing.
John Gilson died intestate, leaving surviving him his wife, who was insane. He had at Ms death household effects valued at $34.34; als-o a policy in the order of Red Men for the sum of $50.00, which was paid to the administrator in pursuance of a by-law which reads:
“The family or relatives of a deceased brother of this tribe shall he entitled to receive from the wampum of the tribe fifty fathoms ($50.00) for the funeral benefits, if he was in good standing at the -time of his death.”
He also had a policy in the Bricklayers Uni-on for $150.00, which was paid to the administrator under the following provision:
“Whenever a member not more than three -months in arrears for dues, etc., shall die, the sum of $150.00 shall be paid by the union to the widow or -other legal representative of the .deceased.”
Oostigan & Roll had a claim against the estate for burial expenses amounting to $229.00 and asserted a preferred claim against the above insurance money. The committee of the widow -claimed the entire fund as exempt from distribution or payment of debts under section 1403 Ky. St-at. The circuit court adjudged the $50.00 paid by the Order of Red Men to Costigan & Roll, less the cost; and the $150.00 to the widow, less the cost. Prom this judgment Oostigan & Roll appeal, and the committee of the widow has taken a cross appeal.
The only thing in controversy on the appeal is the $150.00 collected from the Bricklayers Union. By sec
The thing in controversy on the cross appeal is $50.00 and as the appeal is dismissed the amount in controversy on the cross appeal is not sufficient to give the court jurisdiction.
The appeal and cross appeal are therefore' dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.