In Jones v. Assurance Co., 120 Mich. 211, Justice GRANT, speaking for the court, said:

"The law does not favor forfeitures, in fact, abhors them, and will avoid them whenever any reasonable ground can be found for so doing. Hartford, etc., Ins. Co. v. Unsell, 144 U. S. 439 (12 Sup. Ct. 671), and authorities there cited. It is undisputed that Mr. Randall informed Mr. Jones within a few days after the time limited for payment, that he would have to furnish a health certificate from the physician of the company, and that he gave Jones such a certificate to be filled out. This he did and the certificate in due form was given to the company, through Mr. Randall. This was a waiver of the failure to pay, and entitled Mr. Jones to reinstatement. ** * *

We

"The learned counsel for the defendant argues that there is nothing in the testimony to indicate that Mr. Jones was informed that his payment would be accepted after maturity if he were in good health. think it a fair inference from the testimony that it was the understanding between Mr. Jones and Mr. Randall that the only thing required for him to do, in order to be reinstated, was the procurement of this certificate and the payment of his money. It was in accordance with the usage of the defendant. It is not necessary that there be an express waiver; it may be implied from circumstances. Mobile Life Ins. Co. v. Pruett, 74 Ala. 487, and authorities there cited."

In the instant case the payment was actually in the possession of the secretary of the company within 15 days after it became due, and when only a moiety of the time had expired in which the assured was entitled to reinstatement as of course. No certificate of health was required. It would sometimes happen that there would remain several days of the three months period after the last regular meeting in that period. The practical effect would be if the provision of the local council is to control, to shorten the period of time given by the general council in which payment of past due assessments might be made.

This discussion however is largely academic, for the reason that the past due assessment was actually paid and was in the possession of the secretary at the time of each of the regular meetings between the 15th of April and the expiration of the three months period. It is difficult to see what difference it could make to either the local branch or the general council whether the money was brought to the regular meeting of the local branch by the assured, or by one of her fellow members, or by the secretary, so long as it was in the possession of the local branch at a regular meeting within the three months period allowed for reinstatement. The trial judge instead of finding a judgment for the defendant, should have found one for the full amount of the plaintiff's claim.

The judgment is reversed with costs in favor of the plaintiff, and a new trial ordered.

STEERE, C. J., and WIEST, STONE, CLARK, BIRD, and SHARPE, JJ., concurred. FELLOWS, J., did not sit.

THE MACCABEES v. WILBER.

INSURANCE LIFE INSURANCE-BENEFICIAL ASSOCIATIONS-CHANGE OF BENEFICIARY-COMPLIANCE WITH BY-LAWS NECESSARY. Where the by-laws of a beneficial association provided that in order to change the beneficiary a member must make a written application and surrender his old policy, the mere oral application of a member to the record keeper On effect of death of assured before contemplated change of beneficiary is complete, see notes in 34 L. R. A. (N. S.) 277.

On surrender and return of benefit certificate as condition of change of beneficiaries, see note in 1 A. L. R. 971.

of the local lodge for a blank and the tender of his policy which he was told to keep and a blank would be mailed to him but nothing further was done, held, insufficient to effect a change in the beneficiary.

De

Appeal from Lapeer; Williams (William B.), J. Submitted October 26, 1921. cided December 21, 1921.

(Docket No. 26.)

Bill of interpleader by The Maccabees against Clyde, Joseph, Irwin and Florence Wilber to determine defendants' interest in a policy of insurance. From a decree for defendants Clyde, Joseph and Irwin, defendant Florence appeals. Affirmed.

Theo D. Halpin, for appellant.

B. F. Reed, for appellees.

MOORE, J. A bill of interpleader was filed in the circuit court for the county of Lapeer, in chancery, by The Maccabees as plaintiff against Joseph Wilber, Clyde Wilber, Irwin Wilber and Florence Wilber as defendants, asking that defendants interplead and the court determine who was entitled to the proceeds of a beneficiary certificate of $1,000 held by William F. Wilber, at the time of his death, on which plaintiff conceded its liability. The court found and a decree was entered determining that Joseph Wilber, Clyde Wilber and Irwin Wilber were entitled to the fund, from which decree Florence Wilber appeals.

The learned chancellor stated the facts and the questions involved so clearly that we quote freely from his opinion as follows:

"November 29, 1902, William F. Wilber became a member of the Knights of the Modern Maccabees, a fraternal insurance association. In the certificate of membership, which will be called the insurance policy, the mother Sarah A. Wilber is named as the bene

ficiary, and the amount of insurance was one thousand dollars. January 3, 1908, his mother having died, Mr. Wilber, by written application requested that the beneficiary be changed to his father and brothers, which was done, and on November 21, 1911, the father having died, pursuant to a like written application, his brothers, Clyde, Joseph and Irwin were made beneficiaries. Shortly before his death, William Wilber took certain steps to change the beneficiary to his wife, he having married after his brothers were made beneficiaries.

"The wife and the brothers made claim to the insurance after William Wilber's death. A bill of interpleader was filed by the insurance company, decree was filed and the fund paid into court. This controversy is now between the brothers and the widow to determine to whom the fund shall be paid, and this depends on whether William F. Wilber did all that was necessary to effect a change of beneficiary from the brothers to his wife.

I

"It was contended by the brothers that at the time of the transaction, which the widow claims resulted in a change of beneficiary, William F. Wilber was mentally incompetent and was unduly influenced. find without further comment that neither of these contentions can be sustained by the evidence, and the whole controversy must turn on the effect of what was done by William F. Wilber in his attempt to make a change of beneficiary from his brothers to his wife. "The plaintiff in this suit is "The Maccabees' and in view of some other features of the case, I think it necessary to state why this is so. Prior to 1914, there were two fraternal insurance associations of the same general character operating largely in the same territory, and with somewhat similar names, viz. one, the Supreme Tent, Knights of the Maccabees of the World, and the other the Knights of the Modern Maccabees. In 1914, these two societies consolidated under the name of "The Maccabees.' The new society adopted the rules of the Supreme Tent, Knights of the Maccabees of the World, took over all assets and assumed the liabilities of the old societies. The bylaws of The Maccabees pertaining to the change of beneficiary are as follows:

""SECTION 341. Assignment of Certificate or Disposition y Will Void.-Any transfer of a life benefit certificate or any interest therein by assignment, will, or in any manner except as hereinafter provided shall be void.

""SECTION 342. Change of Beneficiary.-Any member desiring to change the beneficiary in his life benefit certificate shall surrender his old certificate, make a written request in the form provided on such certificate directing that a new certificate be issued to him payable to such beneficiary or beneficiaries as he may designate in accordance with the laws of the association, and deliver such certificate with the request for change and a fee of fifty cents to the record keeper of his tent.

"SECTION 343. Issue of New Certificate.-The record keeper shall forward such certificate, the request for change, and the fee therefor to the supreme record keeper, who shall thereupon issue a new certificate to such member, bearing the same number as the one surrendered, if the request is in accordance with the laws of the association and all other conditions have been complied with.

""SECTION 345. When Change of Beneficiary Takes Effect.The change of beneficiary shall take effect upon delivering to the record keeper of a tent the life benefit certificate, or the proof of loss, if the certificate is lost, with the written request for change thereon, as provided in the laws of the association, and the fee of fifty cents.'

"In noting what was done by William F. Wilber in his attempt to change the beneficiary, it will be borne in mind that his certificate was issued by the Knights of the Modern Maccabees, and that there was no form provided on the certificate for making a request for the change of beneficiary, while there was such a form on the certificate issued by the other society and by The Maccabees.

"We will now state the facts on which the widow bases her claim that there was a change of beneficiary, or at least, that the fund equitably belongs to her.

"November 30, 1918, William F. Wilber took his policy to Imlay City to Mr. Hubbell, the record keeper of his tent, with the full intent and determination to make his wife the beneficiary in that policy to the exclusion of his brothers. This was Saturday. He told Mr. Hubbell he wanted the change made right away and seemed insistent about it. Hubbell, who was postmaster, told him he had no blank application