Thayer v. Thompson

Citations

• 220 Pa. 241
• 69 A. 758
• 1908 Pa. LEXIS 761

Syllabus

<p>Beneficial associations — Corporations—Right to appoint beneficiary— Constitution — By-laws—Act of April 6, 1893, P. L. 7.</p> <p>A beneficial association whose membership is limited to employees of one of three departments of the municipal government of a city, is within the exemption contained in sec. 4 of the Act of April 6, 1893, P. L. 7, and a member of such an association may name as the beneficiary a person other than a member of his family, his heir, blood relative, affianced husband or affianced wife, or a person dependent upon him.</p> <p>Where the charter of a beneficial association provides that upon the death of a member, the death benefits shall be payable “to his widow or orphans, and such or either of them, or such other person or persons as the member may have designated,” the member may designate as beneficiary a friend, although the by-laws of the association provide that “when a member has no living relative, a friend may be named.” In such a case the by-law is not prohibitive but permissive; but even if it should be construed to be prohibitive, it is void as contravening the charter.</p> <p>All the by-laws of a corporation to be of legal validity must be made in conformity with the charter, inasmuch as they are the working machinery of the charter.</p>