Supreme Lodge, Knights & Ladies of Honor v. Ulanowsky

Citations

• 246 Pa. 591
• 92 A. 711
• 1914 Pa. LEXIS 564

Syllabus

<p>Contracts — Ante-nwptial agreement — Benefit certificate — Change of beneficiary — Trusts and trustees — Breach of contract — Bill in equity.</p> <p>A member of a fraternal and beneficial society held a benefit certificate payable to his daughter. Under the rules of the organization the beneficiary could be changed at any time on application of the member holding the certificate. Prior to his second marriage, the insured entered into an agreement to give his wife the certificate and make a will in her favor, which he did shortly afterwards. After tbe marriage tbe wife paid a large part of tbe dues to the society from her own earnings during the illness of her husband. Subsequently the husband made his daughter the beneficiary under the policy. On the death of the husband the wife and daughter each claimed to be the beneficiary and the society filed a bill in equity praying that both be required to interplead and that plaintiff be allowed to pay the fund into court. Held, that the wife acquired an equitable right in the certificate by reason of the ante-nuptial agreement, that the effect of the subsequent change in the beneficiary was to make the daughter á trustee of the proceeds for the wife; and the court did not err in entering a decree ordering the proceeds, less certain deductions, to be paid to the wife.</p>