Ancient Order of United Workmen v. Mooney

Citations

• 230 Pa. 16
• 79 A. 233
• 1911 Pa. LEXIS 553

Syllabus

<p>Beneficial associations — Presumption of death — Payment of benefits— Bond — Beneficiaries.</p> <p>1. Where a member of a beneficial association disappears from his home, and after he has been away and unheard of for seven years the association on the presumption of his death pays the death benefits to his wife, the beneficiary entitled under the by-laws, but takes from her a bond, conditioned upon the repayment of the money if the member should return alive, and subsequently and after the death of his wife the member returns, but shortly thereafter dies, the association in a suit on the bond against the executrix of the wife is entitled to recover the full amount of the death benefits paid, with interest from the date of the payment.</p> <p>2. Where parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encounter is taken into consideration in the stipulations assented to, the contract will be valid notwithstanding any mistake of one of the parties, provided there be no concealment or unfair dealing by the opposite party that would affect any other contract.</p> <p>3. Where the by-laws of a beneficial association provide that death benefits shall go to the widow of the member, or in the case of her death before the member, to the children, and the wife receives the benefits on the presumption of her husband’s death after an absence for seven years, giving a bond to repay them if he returns alive, and after the death of the wife the member returns, and shortly afterwards dies, the wife’s executrix will not be entitled to retain any portion of the benefits, since the wife’s rights to the fund ceased upon her death, and became vested in the children. In an action upon the bond against the wife’s executrix the rights of the children cannot be adjudicated, inasmuch as they are not parties to the suit.</p>