Noble v. Police Beneficiary Ass'n

Citations

• 224 Pa. 298
• 73 A. 336
• 1909 Pa. LEXIS 782

Syllabus

<p>Beneficial associations — Change of beneficiary — Interest of beneficiary —Sister—Widow—By-laws.</p> <p>1. A beneficiary named in a certificate or policy issued by a beneficial association acquires no vested interest in it, nor a right to anything, during the lifetime of the member to whom it is issued, but merely an expectancy, which does not become a vested or absolute right to the proceeds of the certificate or policy until the death of the assured.</p> <p>2. Where a member of a beneficial association names his sister as beneficiary but retains the certificate in his own possession, and thereafter, upon marrying, surrenders the certificate and the association issues to him a new certificate wherein the wife is named as beneficiary, the sister after the member's death has no right to the death benefits; and this is the case although a by-law of the association provided that no transfer should be made without the consent of the beneficiary, and the sister did not in fact consent to the change of the beneficiary. In such a case the retention of the certificate and its surrender were not a transfer of the certificate; and even if the by-law was violated by the issuing of the second certificate the association would be estopped from questioning the regularity of that certificate, for, by issuing the same, it waived all the provisions of the by-laws as to transfers.</p> <p>3. By-laws of a beneficial association as to transfers are solely for the convenience and protection of the association, and may be waived by it without any person having a right to complain.</p>