67 Pa. Super. 74 | Pa. Super. Ct. | 1917
Opinion by
If the record as it comes to this court discloses an insurmountable obstacle in the way of the plaintiff, it will be unnecessary to consider or discuss a number of questions suggested in the interesting briefs filed by counsel. The record is this.
We understand it to be conceded the mere fact the plaintiff was named as the beneficiary in the first certificate vested no right in her. As long as the principal lived, it was within his power to change the person to yhom the benefits should be paid as often as he chose to.
It is clear then that, during the lifetime of William S. Birnie, the present plaintiff acquired no legal rights whatever from the fact she had been named as his beneficiary in the certificate issued to him. He had a perfect right to surrender that certificate and thus destroy her expectancy at his own will and pleasure. The law is not concerned with the personal motive that may actuate a man to do that which the law accords him the right to do. If therefore, in his lifetime, he surrendered his beneficial certificate with the intention of destroying the expectancy of his wife, arising from the fact she had been named as beneficiary, he was entirely within his right and it cannot be successfully argued he defrauded his wife of anything. As we have already stated, the case was heard on petition and answer. Now the petition it
Were it not for the stipulation entered into' by counsel, the learned court below would have naturally stopped with an order discharging the rule. But the parties having so agreed, it was entirely proper the court should end the litigation by entering the order in favor of the defendant. The assignments of error are overruled.
The order is affirmed.