Bell v. Police Beneficiary Ass'n

Citations

• 270 Pa. 407
• 113 A. 417
• 1921 Pa. LEXIS 403

Syllabus

<p>Beneficial associations—Beneficiaries—Certificate — Change of beneficiaries—Remarriage of member—Charter—By-laws.</p> <p>1. A beneficia ry named in a certificate of a beneficial association, acquires no vested interest, either in the certificate or its proceeds during the lifetime of the member; he merely has an expectancy which does not become vested until the death of the assured.</p> <p>2. It is within the power of the member to change the beneficiary whenever he chooses to do so, subject however, to the qualification that such right must be exercised strictly in accordance with the by-laws of the association, otherwise the latter is not bound to recognize the new beneficiary.</p> <p>3. Where the by-laws of a beneficial association, adopted in accordance with the charter, provide that changes in the certificate may be made with the consent of all living beneficiaries therein named, and that the name of a second wife may be substituted for that of a deceased wife without the consent of the child or children named in the certificate, the member is not entitled to have the name of his second wife substituted as sole beneficiary without the consent of his children named in the certificate.</p> <p>4. Where a charter of a beneficial association states the purpose of the corporation is to provide a fund for the benefit of the members and their widows or orphans, “or to such person or persons as the member may have designated” and, in default of such designation, to such person as the by-laws may direct, such purpose is entirely consistent with the right of the association to adopt bylaws governing the practice and procedure, in case a member desires to change a named beneficiary, and will be given a broad and liberal construction.</p>