2166 ARTICLE 48A

of the association may provide; provided, that nothing in this Article con-
tained shall be so construed as to prevent the issuing of benefit certificates
for a term of years less than the whole of life which are payable upon
the death or disability of the member occurring within the term for which
the benefit certificate may be issued. Such association shall, upon written
application of the member, have the power to accept a part of the periodi-
cal contributions, in cash, and charge the remainder, not exceeding one-
half of the periodical contribution, against the certificate with interest
payable or compounded annually at a rate not lower than four per cent,
per annum; provided, that this privilege shall not be granted except to
associations which have readjusted or may hereafter readjust their rates of
contributions, and to contracts affected by such readjustment.

Any association which shall show by the annual valuation hereinafter
provided for that it is accumulating and maintaining the reserve necessary
to enable it to do so, under a table of mortality not lower than the American
Experience Table with four per cent, interest, may grant to its members
extended and paidup protection or such withdrawal equities as its consti-
tution and laws may provide; provided, that such grants shall in no case
exceed in value the portion of the reserve to the credit of such members to
whom they are made.

An. Code, 1924, sec. 151. 1922, ch. 492, sec. 148. 1935, ch. 370, sec. 151.

185. (Beneficiaries.) Except as hereinafter provided, the payment of
death benefits shall be confined to wife, husband, relative by blood to the

fourth degree, father-in-law, mother-in-law, son-in-law, daughter-in-law,

234. The clause of this section providing that a beneficiary may be "a person or
persons dependent upon the member," held not to be limited in application to persons
legally or wholly dependent. A sister-in-law living at the member's home under lawful
circumstances, both of them contributing to the support of such home, may be a
beneficiary. Hunt v. Winkleman, 136 Md. 252.

Where a man names his wife as his beneficiary but they are subsequently divorced
a vinculo, she is not entitled to death benefits, since this section limits the payment
of such benefits to the wife, etc. The former wife asserted no claim on the ground of
dependency. Dittmaier v. Heptasophs, 135 Md. 315.

The purpose of this section is to define those having an insurable interest in the life
of another, and to discountenance wagering contracts. Where children (adopted prior
to the Maryland statute on the subject—art. 16, sec. 78, et seq.), are made the bene-
ficiaries under a.certificate of insurance in a fraternal order, payment may be enforced,
although a by-law of the order passed subsequent to the membership of the decedent,
restricted payments to legally adopted children. Clayton v. Heptasophs, 130 Md. 37.

Cited but not construed in Himmel v. Eichengreen, 107 Md. 612; Supreme Lodge
v. Simering, 88 Md. 284; International Fraternal Alliance v. State, 86 Md. 552; Barton
v. International Fraternal Alliance, 85 Md. 31.

See notes to sec. 229 (this foot-note).

235. Cited but not construed in Himmel v. Eichengreen, 107 Md. 612; Supreme
Lodge v. Simering, 88 Md. 284; International Fraternal Alliance v. State, 86 Md. 552;
Barton v. International Fraternal Alliance, 85 Md. 31.

See notes to sec. 229 (this foot-note).

236. This section is not in conflict with the Md. Constitution, art. 3, sec. 29 (directing
the description of the subject of an act in its title), nor with art. 3, sec. 44 (relative
to the exemption from execution of property of a debtor not exceeding five hundred
dollars). The exemption provided for by this section operates in favor of non-residents
Himmel v. Eichengreen, 107 Md. 612; and see In re. Jones, 249 Fed. (D. Ct. Md.) 487.

The association has no power to pay a benefit to a creditor of the deceased. Dale v.
Brumbly, 96 Md. 678.

This section referred to in construing art. 23, sec. 176—see notes thereto. Burdette v.
Jackson, 179 Fed. 229.

Cited but not construed in Supreme Lodge v. Simering, 88 Md. 284; International
Fraternal Alliance v. State, 86 Md. 552; Barton v. International Fraternal Alliance, 85
Md. 31.

See notes to sec. 229 (this foot-note).