Thomeuf v. Knights of Birmingham

Citations

• 12 Pa. Super. 195
• 1899 Pa. Super. LEXIS 230

Syllabus

<p>Beneficial association — Testamentary character of designation of beneficiary — Test of validity.</p> <p>Thu designation of a beneficiary by a member of a benefit society is in a sense testamentary in character, the claim of the beneficiary being based not on contract but appointment, but the validity of such appointment when authorized by the charter is valid, notwithstanding the statute of wills. The paper may fall short of being a present and irrevocable assignment of the fund and yet be a valid designation of the beneficiary, if so intended. The test lies in the intent.</p> <p>Right of member to designate beneficiary — Act of 1893.</p> <p>Where a member of a beneficial association, when he became such member, had the right to designate as a beneficiary a person who was neither a member of his family nor an heir, nor a blood relation, nor an affianced wife, nor a person dependent upon him, he is not deprived of such right by the Act of April 6, 1893, P. L. 7, which is prospective in its operation.</p>