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50 Minn. 278

Gutterson v. Gutterson

Supreme Court of Minnesota

Decided June 27, 1892

Supreme Court of Minnesota · decided 1892-06-27

Appeal by defendants, Ina M. Gutterson and others, from an order of the District Court of Steele County, Buckham, J., made January 14, 1892, overruling their demurrer to the complaint. . The plaintiff, Mrs. Jessie E. Gutterson, brought this action August 6,1891, against the Minnesota Masonic Belief Association to recover $2,000. This corporation before answering deposited the money in court, and filed an affidavit that Ina M. Gutterson and others also claimed the money.

Relies on Richmond v. Johnson

Decided 1892-06-27

Gileillan, G. J.

¶1This case is controlled by the decision in Richmond v. Johnson, 28 Minn. 447, (10 N. W. Rep. 596.) Whether the Masonic Relief Association was a mutual life insurance company, or a mutual benefit society, whatever the difference between the two may be, is of no importance. The question is, what was the contract with the association, and what was the effect of the designation by the person whose life was insured of his wife, Nancy S. Gutterson, as the person to receive the sum payable on his death, and of her death during his life ? In this case, as in the case cited, the husband, under the by-laws of the association, might at any time, without the consent of the person first designated, change the designation. While this was so the person designated had but a bare expectancy, which is not property, and which, of course, ceased upon her death.

¶2Order affirmed.

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