176 Mass. 285 | Mass. | 1900
There were two certificates issued in this case, the first bearing date November 12, 1895, and the second, June
If Michael J. Quinn had been designated as the beneficiary in the first certificate, and no other certificate had been issued, it is clear that the invalid designation would not have affected the right of the executrix to recover. Elsey v. Odd Fellows’ Mutual Relief Association, 142 Mass. 224. Rindge v. New England Mutual Aid Association, 146 Mass. 286. Burns v. Ancient Order of United Workmen, 153 Mass. 173. Shea v. Massachusetts Benefit Association, 160 Mass. 289. And if the second certificate was effectually substituted for the first, we do not see why an invalid designation in that should have any different effect from what it would have,had in the other. The question then is whether there has been an effectual substitution. It was assumed in United Order of the Golden Cross v. Merrick, 163 Mass. 374, that in case of an effectual substitution an action would lie upon the later certificate. It is not necessary, we think, that in order to entitle a party to recover upon a later certificate it should appear that the substitution was effec
We think, therefore, that the exceptions should be sustained.
So ordered.