Ruggeri v. Griffiths
| Decision Date | 30 June 1934 |
| Docket Number | 30 |
| Citation | 315 Pa. 455,173 A. 396 |
| Parties | Ruggeri, Admrx., et al. v. Griffiths, Guardian, Appellant |
| Court | Pennsylvania Supreme Court |
Argued April 11, 1934
Appeal, No. 30, Jan. T., 1934, by defendant, from judgment of C.P. Schuylkill Co., Sept. T., 1931, No. 215, in case of Elizabeth Ruggeri, administratrix, et al. v. Franklin E Griffiths, guardian. Judgment affirmed.
Proceeding in interpleader. Before HOUCK, J.
The opinion of the Supreme Court states the facts.
Verdict and judgment for plaintiffs. Defendant appealed.
Error assigned, inter alia, was judgment, quoting record.
Judgment affirmed.
J. F. Mahoney, with him W. M. Parnell, for appellant.
D. J. Boyle, and R. A. Freiler, for appellee, were not heard.
Before FRAZER, C.J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
These proceedings in the form of a feigned issue were instituted to determine the right of the parties to a fund arising out of a policy of insurance issued by the Prudential Insurance Company to Pasquale Ruggeri who died May 17, 1931. The original beneficiary was his daughter, Angelina Ruggeri, who at the time of beginning the action was a minor, but since the appeal to this court has become of full age, and by order of court has been substituted as appellant in place of her guardian.
The main question for determination is the validity of a change of beneficiary made by insured a few days before his death which provided that his daughter Angelina should receive two-fifths of the amount of the insurance, his sister-in-law Elizabeth Ruggeri, two-fifths, and his brother Dominic Ruggeri, one-fifth. The jury awarded in favor of plaintiffs in the portions above indicated. Upon refusal of the lower court to grant a new trial or enter judgment n.o.v. for the minor Angelina Ruggeri, the guardian appealed. Defendant contends the change of beneficiary is not a legal and valid act, inasmuch as it was not endorsed on the policy by the insurance company until after the death of the insured. The record discloses that on May 13, 1931, J. J. Mooney, assistant superintendent of the Prudential Insurance Company called at the home of decedent and was informed that the insured desired to change the beneficiary in the policy. Mooney, not having a regular form with him, wrote out the desired changes on a memorandum which was then signed by insured and witnessed. On May 15, 1931, Mooney returned to the home of insured with a regular printed form for change of beneficiary, which Ruggeri signed...
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