47 N.J. Eq. 563 | New York Court of Chancery | 1890
The opinion of the court was delivered by
On the death of Alonzo Van Riper, a member of Alpha ■Council, No. 3, of New York, a duly constituted branch of
“ Each beneficiary member, the person or persons designated by said member related to, or dependent upon him or her, or the legal representatives of such person or persons, shall be entitled, under the prescribed regulations and conditions, to draw a sum not exceeding the amount named in his or her certificate, as thereinafter specified.”
Taking these different parts of the contract together, the question to be determined is, does the intended beneficiary, Martha C. Bennett, come within its terms so as to entitle her to the payment of $2,000 under the certificate ? It is not claimed ’that she was dependent upon the deceased, but her claim is, that she was
“ It has long been settled that the word ‘ relatives,’ when used in a will or statute, includes those persons who are next of kin under the statute of distributions ; unless from the nature of the bequest, or from the testator having authorized a power of selection, a different construction is allowed.”
Mahon v. Savage, 1 Sch. & L. 111; cases in notes to Harding v. Glyn (1 Atk. 469), 3 White & T. Lead. Cas. 810; Drew v. Wakefield, 54 Me. 891. In this certificate there is a power of selection given, not by will, but by the contract between the parties. There are, therefore, qualifications to this rule of construction, even in cases of wills, when a contrary intention is manifested. There can be no question about the intention of the holder in this case upon the face of the certificate. In Craik v. Lamb, 1 Coll. Ch. 489, 495, Vice-Chancellor Shadwell says that “in Johnson’s Dictionary, in Richardson’s Dictionary and in Bailey’s Edition ■of Facciolati, the word ‘relations’ is treated as extending to affinity; and the expressions 'a relation by marriage’ and ‘a relation in the law,’ as denoting connections by affinity, are popularly, whether correct or incorrect, of occasional, if not of frequent use.” In our more modern dictionaries we find that a “ relation” or “relative” is defined as a person connected by blood or affinity. When used in a contract, as in this case, I do not find that it has such a fixed and definite meaning that we must thwart the purpose of this decedent, who supposed that, by the terms of the article giving him control of his benefit in the
It seems that the objects of this association will be best attained by the adoption of a common, though it may be an inexact, interpretation of the words “related to,” as used in the article above referred to, rather than by a restricted meaning that may not have been known, and is certain to defeat the purpose of this deceased .member; and that no rule of legal construction will be violated by giving it such meaning.
For this reason the decree will be reversed.
For affirmance — None.
For reversal — The Chief-Justice, Depue, Dixon, Garrison, Magie, Reed, Scudder, Yan Syokel, Brown, Clement, Smith, Whitaker — 12.