Chidester v. Yard

Supreme Court of Pennsylvania May 22, 1893

Chidester v. Yard, 155 Pa. 483 (Pa. 1893)

26 A. 662; 1893 Pa. LEXIS 1274

Dean, McCollum, Mitchell, Thompson, Williams

Opinion of the Court

Per Curiam,

This issue was framed to determine the ownership of a fund raised by the payment into court by the Equitable Aid Union of the amount of a certificate or policy issued by it on the life of Francis Vance.

The certificate was taken out by Mrs. Vance. At the time of her death it was held by the plaintiff, and she was the beneficiary named therein. The executor of Mrs. Vance claims the *489money on the ground that the certificate in the hands of the plaintiff was a mere wager on the life of Mrs. Vance. Whether this was so or not depended on the conclusions to be drawn from the testimony, some of which was conflicting. Under the evidence therefore the character of the plaintiff’s holding was a question of fact for the jury. It was properly submitted and has been settled by the verdict.

The judgment is affirmed.

Reference

Full Case Name: Chidester v. Yard, Exr.
Cited By: 1 case
Status: Published
Syllabus: Beneficial associations—Payment of premiums—Wagering policy—Evidence. In an action to determine the ownership of the proceeds of a benefit certificate between the executor of the assured and the beneficiary, where there is uncontradicted evidence that the money with which the assured paid premiums to the beneficial association was furnished by the beneficiary who had no insurable interest in the life of the assured, but the evidence is conflicting as to whether the money was furnished for the express purpose of paying the premiums, or as a mere general loan or gift, the case is for the jury.