Brown v. Ancient Order of United Workmen

Citations

• 208 Pa. 101
• 57 A. 176
• 1904 Pa. LEXIS 707

Syllabus

<p>Beneficial associations — Beneficial certificates — Change of beneficiary.</p> <p>The constitution and by-laws of a beneficial association constitute the law of the organization which controls the issuing of its beneficial certificates and the disposition of its benefit fund. The rights and duties of the members arising out of the contract of membership are defined and must be enforced among themselves strictly in conformity with these self imposed laws. The policy issued to a member is regarded as a contract between him and the association and enforceable by either against the other according to its terms.</p> <p>Ordinarily a member may, unless the power of appointment is restricted in the charter or by-laws, change the beneficiary at his will but after his death the first beneficiary as well as the association have the right to insist that it shall have been done in compliance witli the constitution and bylaws of the organization. And the method presented by the constitution and by-laws of the association for changing beneficiaries is exclusive.</p> <p>Unlike ordinary life insurance the certificate or policy of a beneficial association creates no vested interest in the beneficiary but only an expectancy, which cannot become a vested or absolute right to the proceeds of the policy until the death of the assured.</p> <p>Where the laws of a beneficial association provided that a member might designate as a beneficiary, a member of his family, one related to him by blood, or one dependent upon him, but did not require the beneficiary to belong to one of the specified classes at the death of the member, and a member designated his wife the beneficiary and gave her the certificate which she retained until his death, twenty-four years thereafter, such beneficiary will be entitled to the benefits, although the member was divorced from her eight years before his death, and subsequently remarried, but continued to support his first wife and her children until his death,