De Grote v. De Grote

Citations

• 175 Pa. 50
• 34 A. 312
• 1896 Pa. LEXIS 1205

Syllabus

<p>Practice, O. P. — Practice, S. G. — Gontinua/nce of case — Refusal of new trial.</p> <p>Except in clear cases of abuse of discretion the refusal of the court to continue a cause or to grant a new trial is not assignable for error.</p> <p>Beneficial associations — Husband and wife — Beneficiary.</p> <p>Albert De Grote became a member of a beneficial association and had the beneficiary’s certificate made payable to “ Mary Jane De Grote, bearing relationship to myself of wife.” At the time he joined the association the choice of members was unlimited as to whom they could name as beneficiary. At the time of De Grote’s death an applicant was restricted in choice to one or more members of his family, or some one related to him by blood, or who should be dependent upon him. De Grote had been married to Mary Jane De Grote by a clergyman and had lived with her for several year's as her husband, though he had two wives living at the time of his marriage to her. Subsequently he obtained divorces from his former wives, and remarried Mary Jane. Held, that Mary Jane was entitled to the beneficial fund even if she were not De Grote’s lawful wife.</p>