Schoales v. Order of Sparta

Citations

• 206 Pa. 11
• 55 A. 766
• 1903 Pa. LEXIS 638

Syllabus

<p>Beneficial associations — Act of April 6, 1893, P. L. 7 — Person entitled to fnnd — Sist&r—Friend.</p> <p>A member of an unincorporated beneficial association named his wife as beneficiary in the certificate and she so remained for eighteen years when she died. At the time when the contract was made with the association a member had a right to change the beneficiary and designate another.</p> <p>After the death of his wife the member substituted the name of a person described as his “ nearest friend ” as beneficiary. The change was made in accordance with the rules of the order and was approved by its officers.</p> <p>On the death of the member his sister claimed the proceeds of the certificate as his only surviving heir at law. Held, that she was not entitled to the fund and that it was payable to the person whose name had been substituted in the certificate.</p> <p>Beneficial societies — Beneficiary—Act of April 6, 1893, P. L. 7 — Act prospective not retrospective.</p> <p>The Act of April 6, 1893, P. L. 7, limiting the payment of death benefits by beneficial societies to “families, heirs, blood relatives, affianced husband or affianced wife of, or to persons dependent upon the member,” is prospective in its operation and not retrospective and does not affect the rights of holders of certificates issued prior to that time.</p> <p>Beneficial societies — Certificates—Beneficiary—IJeir at law — Title to find.</p> <p>The heir at law of the holder of a death benefit certificate in a beneficial society, is without standing to question the designation of a beneficiary by the deceased, notwithstanding she is within a class from which the member might have made his selection under the act of April 6, 1893.</p>