Siglar v. Ivancho

Citations

• 60 Pa. Super. 431
• 1915 Pa. Super. LEXIS 212

Syllabus

<p>Beneficial associations — Death benefits — Beneficiary—Conflict between sister and niece — Evidence—Burden of proof — Case for jury.</p> <p>Ou a feigned issue between a niece and sister of a decedent, to determine the ownership of death benefits accruing from the defendant’s membership in a beneficial association where there is a conflict as to which one was the beneficiary not only as between the two books of the association offered in evidence, but also as between witnesses as to the declarations of the decedent upon the subject, and it appears that the niece was originally named beneficiary, the burden is upon the sister to show a change of beneficiary in her favor. On the conflicting testimony the case is for the jury. In such a case the court may admit in evidence an affidavit sworn to by the sister in answer to the claim of the niece against the society, in which the sister admitted that the original beneficiary was the niece. There is also no error in admitting in evidence the local lodge hook showing the name of the niece as beneficiary.</p> <p>Appeals — Assignments of error — Evidence—Answers to points.</p> <p>An assignment of error to the refusal to admit a paper in evidence will not he considered, where the paper in question is not printed in the paper-hook.</p> <p>An assignment of error to the refusal of a point will not be con1 sidered where the answer of the court is not printed in full.</p>