DocketNumber: Appeal, No. 42
Citation Numbers: 63 Pa. Super. 207
Judges: Henderson, Kephart, Lady, Trexler, Williams
Filed Date: 5/8/1916
Status: Precedential
Modified Date: 2/18/2022
Opinion by
The bydaws of the appellant association contain, the following: “Section 47. In case of the death of a member or his wife (or husband), the brotherhood shall immediately inform the board of directors and present according to established form, (a) a sworn doctor’s certificate as to the cause of death, (b) a burial certificate from the priest, and (c) an application for the sum the society is to pay on his (or her) death, stating whether the deceased was a semi or a full member, whether the wife (or the husband) of the deceased was a member (in what brotherhood, and whether a full or a semimembep), and whether the deceased ever received any aids from the society (to what amount, when, and for what cause). Note — If his last confession was administered to the member by a nonorthodox priest, or if he was buried by a nonorthodox priest, unless this was done from extreme necessity, to which the brotherhood of the late member bears testimony, the heirs of the deceased shall have no right to the money the society is to pay on his death (see Sec. 32).” The funeral services of plaintiff’s deceased husband were not conducted by an orthodox priest, as required by the foregoing rulé.
The by-laws of a beneficial association, which affect the conduct of the beneficiary after the insured’s death, must receive a reasonable construction, and where the beneficiary, after notice of the by-laws’ requirements, endeavors, in good faith, to comply with its terms, and is prevented by the act of the officers of the association, or its accredited representative, from obeying the provisions of the by-law, the beneficiary will be permitted to recover the benefit. The beneficiary has substantially
The third assignment of error is not in compliance with the rules of this court. It does not set forth the action of the court and exception thereto, and must be disregarded.
The assignments of error are overruled and the judgment is affirmed.