Northwestern Masonic Aid Ass'n v. Jones

Citations

• 154 Pa. 99
• 32 W.N.C. 169
• 26 A. 253
• 1893 Pa. LEXIS 848

Syllabus

<p>Beneficial associations — Insurance—Distribution.</p> <p>An association organized not to do business for profit or gain, but to pecuniarily aid the widows, orphans, heirs and devisees of its members, is not an insurance company: Com. v. Beneficial Assn., 137Pa. 412, applied.</p> <p>A beneficial association organized under the laws of Illinois issued certificates by which it agreed to pay the amounts contained in them “ to the devisees or if no will to the heirs at law ” of its members. A member died without children, leaving a will by which he appointed an executor, but made no specific bequest of the benefits represented by the certificates. Held, (1) that the certificates were not wagering contracts and that the deceased had power to insure his life for the benefit of his heirs; (2) that the word “heirs ” did not mean “ executor ” or “ estate,” but distributees under the intestate law; (3) that the testator had no property in the fund, but a mere power of appointment; (4) that the executor was not a “ devisee ” within the meaning of the certificate; and (5) that the fund was jjroperly distributed under the intestate laws of testator’s domicile.</p> <p>Intestate law — Widow—Conflict of laws.</p> <p>In the above case the widow claimed the entire fund because, under the laws of Illinois, the whole personal estate where there are no children descends to the widow. Held, that the fund being personal property followed the situs of the person whose heirs were to take it, and was to be distributed under the laws of Pennsylvania, in which state the deceased had his domicile at the time of his death.</p>