#### Nellie Havern and Maggie Huebner, Appellees, v. National Council of Knights & Ladies of Security, Appellant.

Gen. No. 22,941. (Not to be reported in full.)

Abstract of the Decision.

1. Insurance, § 211 * —what constitute material warranties in application. The statements in an insured’s application for membership in a fraternal benefit society that he had only one brother dead and that he had no sister dead were material and constituted warranties.

2. Insurance—when admission of evidence of relative as to statements made to examiner is error. The admission of evidence, in an action to recover on a certificate of membership in a fraternal beneficial society, under an issue as to statements in the member’s application concerning his family history being warranties and false, of the member’s sister as to statements by her to the medical *183examiner when she shortly before her brother’s application also applied for membership in the same society, giving a complete history of their family to show notice of death of insured’s brother and sister, was reversible error.

*182Appeal from the County Court of Cook county; the Hon. X. J. Cooke, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Reversed and remanded.

Opinion filed December 21, 1917.

Statement of the Case.

Action by Nellie Havern and Maggie Huebner, plaintiffs, against National Council of the Knights & Ladies of Security, defendant, to recover as beneficiaries of a benefit fund certificate issued by defendant to plaintiffs’ brother. From a judgment for plaintiffs, defendant appeals.

A. W. Fulton, for appellant.

Thurman, Hume & Kennedy, for appellees.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.