Unincorporated beneficial associations — Death benefits — Beneficiaries — By-laws of association — "Nearest relative or legal beneficiary" — Payment to wife and children.
In a bill in equity by a widow to compel the officers and members of an unincorporated beneficial association to pay to her individually certain death benefits, it appeared that the plaintiff's husband, a member of the association, died intestate leaving surviving him the plaintiff and four children. Under a provision in the by-laws of the association a benefit was payable on his death to "the nearest relative or legal beneficiary" and the widow demanded the entire fund.
In such case the word "relative" as used in the by-laws of the association, was intended to include the wife of a deceased member and distribution of the death benefit to the widow and children in accordance with the provisions of the Intestate Law will be affirmed.
Where the by-laws of an unincorporated beneficial association provided that on the death of a member, benefits will be paid to "the nearest relative or legal beneficiary," the widow of the deceased member is entitled to share in the fund as a relative in such proportions as she would take under the Intestate Laws.
Argued April 29, 1931.
PER CURIAM, July 8, 1931:
The decree is affirmed on the opinion of the court below.
Costs on this appeal to be paid by appellant.