Hummel v. Supreme Conclave Improved Order Heptasophs

Citations

• 256 Pa. 164
• 100 A. 589
• 1917 Pa. LEXIS 582

Syllabus

<p>Beneficial associations — Death benefit certificates — Beneficiaries —“Children”—Stepdaughter—Construction—Intention.</p> <p>1. In. construing the terms of a contract of mutual benefit insurance, a liberal rather than a restricted meaning should be given to the language or words employed to designate the beneficiary.</p> <p>2. Where the law provides that death benefits may be made only, inter alia, to “children,” and to a dependent when the dependency is established as provided by law, a stepchild may be designated as a beneficiary if the family relation of parent and child exists.</p> <p>3. A death benefit certificate issued by a beneficial association organized under the laws of Maryland designated the beneficiary therein as the member’s stepdaughter. The laws of Maryland provided that payments of death benefits may be made only inter alia to “children” and to a dependent when the dependency is established as provided in the statute. The constitution and laws of the order made a similar provision. In an action by the beneficiary for the recovery of death benefits, it appeared that plaintiff was the daughter of the deceased member’s wife; that plaintiff had become a member of the family of decedent when she was five years old and had lived in his family until she was eighteen or nineteen years old; that she had married and left decedent’s home to reside with her husband; that she had separated from her husband and supported herself; but that prior to the date of the certificate she returned to her stepfather’s home and remained there as his housekeeper for three years, until his death, during which time she received from him, food, clothing and a certain amount per week for spending money. Defendant contended that plaintiff was not so related to decedent that she could legally be designated as a beneficiary in the certificate issued to him. Held, that the word “children” as used in the certificate was intended to include those who stood in that relation to the h