Schoales v. Order of Sparta

Citation206 Pa. 11,55 A. 766
PartiesSCHOALES v. ORDER OF SPARTA.
Decision Date04 May 1903
CourtUnited States State Supreme Court of Pennsylvania
55 A. 766
206 Pa. 11

SCHOALES
v.
ORDER OF SPARTA.

Supreme Court of Pennsylvania.

May 4, 1903.


Appeal from Court of Common Pleas, Philadelphia County.

Action by Susan Schoales in her own name against the Order of Sparta. From a judgment sustaining a demurrer, plaintiff appeals. Affirmed.

Argued before MITCHELL, FELL, BROWN, MESTREZAT, and POTTER, JJ.

George Bradford Carr, for appellant.

Leo Belmont, for appellee.

POTTER, J. The Order of Sparta is an unincorporated association, organized in Philadelphia on November 18, 1879, "to unite fraternally men," etc., for the purpose of paying a death benefit of $2,500 to its members. Francis H. Watt became a member of the order on May 26, 1882, his certificate number being 1,059. His wife, Sarah A. Watt, was made the beneficiary in the certificate

and remained such during a period of 18 years, when she died. At the time when the contract was first made with the association, the member had the right to change the beneficiary, and designate another. After the death of his wife, Francis H. Watt did change the beneficiary as named in his certificate, and substituted the name of William Graham, as his "nearest friend." This change was made in accordance with the rules of the order, and was approved by its officers. On July 15, 1902, Francis H. Watt died. Immediately thereafter his sister, Susan Schoales, gave notice to the Order of Sparta that she claimed the proceeds of the certificate upon the life of her brother, as his only surviving heir at law. Thereupon the Order of Sparta, upon its petition, was allowed to pay the money into court. An issue was framed by agreement between the respective parties, to ascertain which of them was entitled to the fund. Susan Schoales, as plaintiff, filed her statement, to which William Graham, as defendant, filed a demurrer. The court below sustained the demurrer, and afterwards directed the money which had been paid Into court to be paid to William Graham. Appeals were taken by Susan Schoales, both from the judgment of the court below in sustaining the demurrer, and from the order directing payment of the fund to William Graham.

It is contended here on the part of appellant that, as William Graham was not related to Watt by blood or marriage, and was not dependent upon him, he could not be properly designated as a beneficiary, by reason of the provisions of the act of April 6, 1893 (P. L. 7). This act limits the payment of death benefits by beneficial societies to...

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