Swift's Executors v. Easton Beneficial Society

• Decision Date: 17 May 1873
• Citation: 73 Pa. 362
• Parties: Swift's Executors <I>versus</I> The Beneficial Society of the Borough of Easton.
• Court: Pennsylvania Supreme Court

73 Pa. 362

Swift's Executors versus The Beneficial Society of the Borough of Easton.

Supreme Court of Pennsylvania.

March 18, 1873.

May 17, 1873.

March 18th 1873.

Before READ, C. J., AGNEW, SHARSWOOD and MERCUR, JJ. WILLIAMS, J., at Nisi Prius

Error to the Court of Common Pleas of Lehigh county: No. 310, to January Term 1873 O. H. Myers, for plaintiffs in error.—The limitation of benefits to a class does not destroy the charitable character of the society, Mayer v. Society, 2 Brewster's Rep. 385. He cited also Cresson's Appeal, 6 Casey 437; Price v. Maxwell, 4 Id. 23; Brendle v. German Congregation, 9 Id. 415; Wright v. Linn, 9 Barr 433; Miller v. Porter, 3 P. F. Smith 292; Taylor v. Mitchell, 7 Id. 209; Yard's Appeal, 14 Id. 96.

E. Allis, for defendants in error.—A society for the purpose of benevolence amongst its members only, is not a charity: Babb v. Reed, 5 Rawle 151; Beaumont v. Meredith, 2 Vesey & B. 180. To create a charity there must be a public benefit open to an indefinite number: Perry on Trusts, secs. 697-699, 710.

The opinion of the court was delivered, May 17th 1873, by READ, C. J.

The plaintiffs in this case are a beneficial society, both in name and by the provisions of their charter, and their benevolence and benefits are exclusively confined to contributing members of the association. The members must be regularly admitted, must not be infirm, must be citizens and between the ages of twenty-one and forty-five years of age; and no person shall be entitled to any benefits from this society until he shall have been one year a member. Each person, on being admitted a member of their society, shall pay such entrance-money and monthly dues and contributions as the society may by their by-laws from time to time declare. A member is not in full standing if in arrears for fines, contributions or monthly dues; and not entitled to benefits in sickness if in arrears for dues, contributions, or fines, for three successive stated meetings, and may be expelled for arrears of dues or fines. The amount to be paid in case of death of a member or his wife is fixed. There are other provisions showing that the benevolence is strictly a matter of contract, and may be enforced in a court of justice. The object of this society shall be the relief of its respective members when sick, or disabled by bodily infirmities to pursue their ordinary avocations. Its benevolence begins and ends at home. In Babb v. Reed, 5 Rawle 155, it was held that an association for the purposes of mutual benevolence among its members only, is not an association for charitable uses. This was a lodge of Odd Fellows. In Blenon's Estate, Brightly's Reports 338, the beneficial societies who were claimants under the will of...