Bishop Bros. v. Curphey

Citations

• 60 Miss. 22

Syllabus

<p>Estate ojt Decedent. Benefit on policy in Knights of Pythias. Whether assets.</p> <p>G. became a member of the “endowment rank of the Knights of Pythias ” and received a policy for the payment of a certain benefit at his death, provided he had paid all fees and dues exacted by the order. Sect. 1 of Art. IX. of the Constitution of the order, provided that: “ Upon the death of a member, the benefit shall be paid to the widow and children of the deceased; and if there be no widow and children, then to the father and mother, sisters and brothers share and share alike; provided, that the amount of said benefit shall be held sacred, a legacy for said legatees, and shall never be liable for or appropriated to the payment of any debts against the estate of the deceased member; provided farther, that the member shall have full power to dispose of the sum accruing upon his death by will.” And this section further provided that, “ if none of the aforesaid persons be alive and the deceased shall have made no disposition by will,” then the benefit, after payment of the funeral expenses of the deceased, shall revert to the order, and be paid into the “Widow’s and. Orphan’s Bund.” G. died, leaving a will by which he appointed C., his executor, and directed him, after payment of a few specified debts out of the benefit to be collected on his policy, to pay the balance to K., as legatee. C. qualified as executor and collected the benefit on the policy, but refused to pay a debt which the decendent owed B., because he was not directed by the will to pay it out of the benefit fund, and he had received no other assets belonging to the testator’s estate. B. obtained a judgment against the executor, and filed a bill in chancery to compel him to pay the judgment out of the money collected on the policy, on the ground that it belonged to the deceased, and was, therefore, assets in the hands of his' executor, primarily liable to the claims of creditors. Held, that the bill is not maintai