Keating v. Rockhill

Citations

• 78 Pa. Super. 139
• 1921 Pa. Super. LEXIS 355

Syllabus

<p>Beneficial societies — Death benefits — Change of beneficiary by will — Bights of former beneficiary as against substitute.</p> <p>The failure to have a wife’s name substituted as the beneficiary in a certificate, or on the books of a beneficial society does not destroy her rights against the original beneficiary in an action to recover the money collected by the latter. Rules requiring such changes are for the protection of the beneficial society and the failure of the insured to comply with them might have furnished ground for a defense by it. Such failure cannot defeat a claim by the widow for money collected on the certificate by the original beneficiary.</p> <p>Where a member of a beneficial society, by his will, substituted his wife as the beneficiary on a policy of insurance and the original beneficiary, having obtained the certificate upon the promise that he would pay the funeral expenses and remit the balance to the widow, afterwards refused to make such payment, he will be considered a trustee ex maleficio and a judgment against him will be affirmed.</p>