238   RIGHTS OF BENEFICIARY, INSURED AND ASSIGNEE

bear such relationship as wife, surviving child, heir, blood-relative, or person dependent upon or member of the family of the member at the time of his death."

The statute of Illinois under which the defendant was organized in part reads:

"Payments of death benefits shall only be paid to the families, heirs, blood-relations, affianced husband or affianced wife of, or to persons dependent upon, the member." (Hurd's Rev. Stat. Ill. (1908) p. 1265.)

The statute of this state upon this subject reads:

"The payment of death benefits of such an association shall be to the families, heirs, blood-relatives, affianced husband or affianced wife of, or to persons dependent upon, the member thereof." (Gen. Stat. 1901, § 3569.)

Carl W. David was an unmarried man, and at the time of his death had no relatives then known to be living. In November, 1890. he joined Morrill Camp No. 1500, Modern Woodmen of America, at Morrill, Brown county, Kansas, and received a benefit certificate in which his sister, Caroline Resler, was named as beneficiary. In 1896 his sister died. In May, 1905, Carl W. David had the name of the beneficiary changed from Caroline llesler to that of the plaintiff, Robert L. Comeaux. To accomplish this he returned the certificate which the then held and requested in writing that one be issued in which Robert L. Comeaux be named as beneficiary. Upon this re-quest a new certificate was issued. * * *

About the time this certificate was issued Carl W. David was in ill health and without a home. For the purpose of securing a place to live where he would be cared for, he and the plaintiff agreed that he should give the plaintiff, who was then in the hotel business in the city of Morrill, the property then owned by him, and cause the benefit certificate to be reissued with the plaintiff's name inserted as beneficiary, and in consideration therefor the plaintiff agreed to furnish David a home in, and as a part of, the plaintiff's family. In pursuance of this arrangement David made a will whereby he devised all of his property to the plaintiff's wife, Addie M. Comeaux, and caused the certificate to be issued as stipulated. Thereafter he made his home in the family of the plaintiff until his death, which occurred in September, 1905. Addie M. Comeaux was appointed executrix of the will, and duly qualified and entered upon the discharge of her duties as such. The association refused to pay the certificate to the plaintiff, and he commenced this action to recover thereon.

The defendant places its defense solely upon the proposition that the plaintiff is, by law and the rules of the order, prohibited from becoming a beneficiary, and this is the only question presented.