176 A. 43 | Pa. Super. Ct. | 1934
Argued October 29, 1934. The parties are the heirs at law of Herman C. Ordeman and Thomas Casserly, the devisee under his will, both claiming the proceeds of an insurance certificate which was issued to Ordeman. The case was tried without a jury and an award made in favor of the heirs at law. Casserly appealed.
Ordeman was a member in good standing of the Police Beneficiary Association of Philadelphia and had a certificate providing for the payment of $2,000 upon his death to the beneficiary designated by him in accordance with the charter and by-laws of the *66
association. The association reinsured him, and others holding certificates, in the Prudential Insurance Company under a group policy. The latter company issued a certificate wherein it agreed to pay to the beneficiary or to his heirs the amount due at the death of the insured in accordance with the by-laws of the police association. The certificate provided that if there be no beneficiary living at the death of the member, the amount of the insurance was to be paid to such beneficiary as was designated by the association. It also provided that the beneficiary could be changed by written notice from the association to the company, but no change should be made unless in accordance with the charter and by-laws of the association. Such change should take effect if due acknowledgment thereof was furnished by the company to such person insured. The beneficiary named by Ordeman was his wife. She died before he died. He made a will, which was admitted to probate in which he used the following words: "My police insurance to Thomas Casserly." No notice of the making of the will, nor of its contents was given to the association during the life of the insured; it knew nothing of its existence until his death. By agreement of the parties the sum of $2,000, the amount involved was paid into court. An issue was awarded in which Kathryn O. Stoll and Thomas Ordeman, the claimants to the fund as heirs at law were made plaintiffs and Casserly, the person mentioned in the will, as defendant, and with him the executor of the estate of Ordeman was joined. There seems to be no question that the words, "My police insurance to Thomas Casserly," were testamentary in character. The designation of a beneficiary in an instrument testamentary in its character cannot be recognized when the regulation of the society prescribed a different mode of changing the beneficiary. See Vollman's Appeal,
The appellant, Casserly cites Masonic Aid Assn. v. Jones,
The learned judge of the lower court discusses the question as to whether, if a designation by will could be considered, there was sufficient identity of the fund *68 by the words employed. In view of what has been said above we do not think that any further reference need be made to this feature of the case.
We are all of the opinion that the lower court decided the case properly. The judgment is affirmed.