Grant v. Faires

Citations

• 253 Pa. 232
• 97 A. 1060
• 1916 Pa. LEXIS 813

Syllabus

<p>Beneficial associations — Death benefit certificates — Beneficiaries —Change—Failure to observe by-laws — Effect—Staheholder.</p> <p>1. The holder of a policy in a beneficial association who desires to change the beneficiary can do so only in accordance with the bylaws.</p> <p>2. A beneficial association which is liable upon a death benefit certificate cannot and does not waive the vested right of the party entitled to the fund by paying the same to a stakeholder pending a judicial determination as to who is entitled thereto; in such case the fund takes the place of the society’s liability and the rights of the claimants are unchanged.</p> <p>3. The beneficiary designated in a death benefit certificate died and upon the death of the holder of the certificate there was found 'endorsed upon a letter relating to the fund, “I desire that in event of my death that this money be paid to Pattie Faires Grant,” signed with the name of decedent. It appeared that such nominee was not such a person as under the by-laws of the association- was capable of being a beneficiary and further that the beneficiary had not been changed in accordance with the by-laws of the association. Held, the next of kin of decedent were, under the Act of May 24, 1893, P. L. 126, entitled to the fund.</p> <p>4. In such case the payment of the fund to the executor under an agreement that the same should be held until its ownership could legally be determined did not change in any way the rights of the next of kin therein.</p>