Schoales v. Order of Sparta
Schoales v. Order of Sparta
Opinion of the Court
Opinion by
The Order of Sparta is an unincorporated association, organized in Philadelphia on November 18, 1879, “to unite fraternally men,” etc., for the purpose of paying a death benefit of $2,500 to its members.
It is contended here on the part of appellant, that as William Graham was not related to Watt by blood or marriage, and was not dependent upon him, he could not be properly designated as a beneficiary, by reason of the provisions of the act of April 6, 1898. This act limits the payment of death benefits by beneficial societies to “families, heirs, blood relatives, affianced husband or affianced wife of or to persons dependent upon the member.”
And it is further contended that the appellant, being the sister, heir at law, and blood relative of Francis H. Watt, deceased, and within one of the classes of persons designated in the act of assembly, is therefore entitled to receive the proceeds of the certificate, less the payments made by Graham for dues and assessments, with interest thereon, paid to keep Watt in good standing until the time of his death. But to give to the
We agree with the view that the legislature did not intend by the act of April 6, 1893, to affect the rights of holders of certificates issued prior to that time.
In any event, the appellant here would seem to be without standing to question the designation of a beneficiary by the deceased. It is true that she is within a class from which the member might have made his selection had he seen fit to do so. But he did not indicate her as his choice. In the exercise of the right for which he had contracted with the association in 1882, almost eleven years before the passage of the act of 1893, he after the death of his wife designated his “ nearest friend,” William Graham, as beneficiary in her stead. The association raises no question as to the rightfulness of his action in so doing, and we do not think the appellant has any standing to complain. Her mere relationship as sister is not sufficient, and she has nothing more.
The assignments of error are overruled, and the judgment is affirmed.
Reference
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- Beneficial associations — Act of April 6, 1893, P. L. 7 — Person entitled to fnnd — Sist&r—Friend. A member of an unincorporated beneficial association named his wife as beneficiary in the certificate and she so remained for eighteen years when she died. At the time when the contract was made with the association a member had a right to change the beneficiary and designate another. After the death of his wife the member substituted the name of a person described as his “ nearest friend ” as beneficiary. The change was made in accordance with the rules of the order and was approved by its officers. On the death of the member his sister claimed the proceeds of the certificate as his only surviving heir at law. Held, that she was not entitled to the fund and that it was payable to the person whose name had been substituted in the certificate. Beneficial societies — Beneficiary—Act of April 6, 1893, P. L. 7 — Act prospective not retrospective. The Act of April 6, 1893, P. L. 7, limiting the payment of death benefits by beneficial societies to “families, heirs, blood relatives, affianced husband or affianced wife of, or to persons dependent upon the member,” is prospective in its operation and not retrospective and does not affect the rights of holders of certificates issued prior to that time. Beneficial societies — Certificates—Beneficiary—IJeir at law — Title to find. The heir at law of the holder of a death benefit certificate in a beneficial society, is without standing to question the designation of a beneficiary by the deceased, notwithstanding she is within a class from which the member might have made his selection under the act of April 6, 1893.