27 Pa. Super. 157 | Pa. Super. Ct. | 1905
Opinion by
The principles on which this case is to be determined have been practically settled by the decisions of the Supreme Court in Com. v. Equitable Ben. Association, 137 Pa. 412, Masonic Aid Association v. Jones, 154 Pa. 99, and Johnson v. Railroad Co., 163 Pa. 127.
The garnishee, an unincorporated fraternal association, is not an insurance company, and its contract, described as a “ Beneficiary Certificate,” is not an insurance policy, within our statutes relating to insurance companies and policies. The beneficiary certificate names Ella A. Fries, wife of the appli
In addition to what has already been said as to the terms on which payment is to be made, the laws of the association, after enumerating the classes of relatives and dependents who may be designated as beneficiaries, provide that, “ In no case shall designations be to executors, estate, creditors, or by will, or to any classes except as provided above; ” and also require, “ where there is the relation of dependency, an explicit declaration that said person or persons are in no way creditors of him, and that said designation shall be null and void if otherwise.”
Judgment affirmed.