Ferencz v. Greek Catholic Union

Citations

• 54 Pa. Super. 642
• 1913 Pa. Super. LEXIS 118

Syllabus

<p>Beneficial associations — Death benefits — Wife and children — Parties to action — Guardian.</p> <p>1. Where a member of a beneficial association designates his widow and minor children as entitled to receive in equal shares the death benefits provided by the by-laws, the widow and children may join in one action against the association to recover the benefits; and it is immaterial that no guardian has been appointed for the minor children, if it appears that the widow sues not only in her own right, but also as mother, guardian and next friend of the minor children designated by name.</p> <p>2. Where the by-laws of a beneficial association provide that the association shall pay death benefits to the person designated by a deceased member, and the member has designated his.wife and children as beneficiaries, the association cannot set up, in a suit by the wife and children to recover the death benefits, as a defense, that it had already paid such benefits to a subordinate lodge of which the deceased was a member; and this is the case although a by-law declared that “a cheek for a death benefit shall be made out in the name of the person entitled to the same, and in the name of the president, secretary and treasurer of the subordinate lodge of which the deceased was a member.”</p>