#### John R. Myers, Appellee, v. Modern Woodmen of America, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by John R. Myers, plaintiff, against the Modern Woodmen of America, defendant, to recover on a *46fraternal benefit certificate as the beneficiary, named therein issued by the defendant to Henry M. Myers, deceased. From a judgment for plaintiff for $2,058, defendant appeals.

Abstract of the Decision.

1. Insubance, § 825 * —what is right of holder of benefit certificate to change beneficiaries. A member of a fraternal beneficial association has the undoubted right during his lifetime to change the beneficiaries named in his original certificate.

2. Insubance, § 827*—when attempted change in beneficiary in benefit certificate becomes effective. No attempted change in the beneficiary named in a benefit certificate issued by a fraternal beneficial association will be effective until a new certificate- has been issued during the lifetime of the member in which a new beneficiary is named.

3. Insubance, § 823*—when equitable rule as to change of beneficigries inapplicable in action at law. The equitable rule that when a member of a fraternal beneficial association has done all that he can do to change his beneficiary it will be regarded as done has no application in actions at law where the distinction between law and equitable jurisdiction is preserved.

4. Insurance, § 822*—when beneficiaries have vested, rights in benefit certificate. The beneficiaries named in a certificate issued by a mutual beneficial association have no vested rights therein until the death of the member.

5. Insurance, § 822*—when rights of beneficiary in benefit certificate attach. The .rights of the beneficiary named in a certificate of membership in a mutual beneficial association attach immediately upon the death of such member.

Truman Plantz and George G. Perrin, for appellant.

Chester A. Smith, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Graves

delivered the opinion of the court.