Mineola Tribe No. 114 v. Lizer

Burke, J., delivered the opinion of the Court. A bill of interpleader was filed by the appellant, in the Circuit Court for Washington County, on the 25th of January, 1910, to establish the true owner or owners, of the fund here in controversy and alleging that the plaintiff was ready and desirous of paying the money into Court, to avoid suits at law by the claimants thereof. The plaintiff disclaims any interest in the money and is ready and willing to distribute the fund to the proper owner or owners entitled to it. The facts upon which the decision of the case must turn, briefly stated are these: The Mineóla Tribe No. 114, Improved Order of Red Men, of Leitersiburg, Washington County, Maryland, is a fraternal and beneficial society or association, daily incorporated and holding its meetings and transacting its business in this State.

It appears that, one Thomas J. Ridenour, late of Washington county, deceased, was at the time of his death a member in good standing of this Association, and by its by-laws (Section 4, Article 19) upon the death of a member, the sum of not less than twenty dollars ($20.00), shall be paid by the society to the widow or heirs of the member for funeral expenses. And by section 9' and 10 of Article 14, of the order, it is provided, “that upon the death of a beneficial member should he leave a widow or orphans, parents, or attested order a contribution of ($180) fathoms shall be presented by the Sachem and keeper of Wampum, in the name of Mineóla Tribe No. 114, Imp’d. O. R. M. to such widow, orphans, or parents or attested order as the case may be for their use and benefit which shall be ¹³⁸ paid within one moon after the death of a brother. And in. ease the widow or orphans or parents are considered incompetent to take proper care of the wampum there shall be a guardian or trustee as the ease may be, appointed, into whose hands shall be paid, the amount as provided in section 9, in trust for said beneficiaries, who shall report regularly and exhibit his acount every six moons to the tribe, who may be removed at the option of the tribe.” The bill further avers, that Thomas J. Ridenour, late of Washington county, was, at the time of his death, a member of the society in good standing, that he departed this life on the 2nd day of April, 1909, leaving a last will and testament in which he bequeathed to Alice S. Lizer, now Alice S. Funk, all the sick and death benefits which may be due him, .at the time of his death from the order, and Joseph W. Wolfinger has qualified as executor of the will, which has been duly-admitted to probate in the Orphans’ Court of Washington County. ■ The bill, then, avers, that the fund is claimed and demanded by Wolfinger as executor, on behalf of Alice S. Eunlc the legatee named in the will and also by the children and heirs at law of Thomas J. Ridenour, deceased.

Upon this bill and exhibits, the Court on the 31st day of January, 1910, passed a decree of interpleader, directing the fund to be paid into Court to the credit' of the cause, that the parties interplead, and that Joseph W. Wolfinger, executor be the plaintiff and Frank J. Ridenour, Charles C. Ride-nour, Sadie E. Wolcott, Gertrude E. Burkett, and Mollie Melott, children and heirs at law, of Thomas J. Ridenour, and Alice S. Funk, the devisee, be the defendants. The case was heard upon the bill, petition and answer of the respective parties claiming the fund, and from a decree of the Court, directing the fund to be paid to the children and heirs at law, of Thomas J. Ridenour, this appeal has been taken. The essential facts of the case are admitted and conceded, by the pleadings, and the principal questions presented by ¹³⁹ the proceedings are first, whether under a proper construction of the by-laws of the Mineóla Tribe, a member of the order, can dispose of the benefits, or wampums, by will, and secondly, whether a will is an “attested order,” within the meaning and contemplation of the by-laws of the Association. In this case we have the beneficiaries plainly named and designated in the by-laws (section 9, Article 141 of the order, to whom the money shall be paid, upon the death of the