Daniels v. Pratt
Massachusetts Supreme Judicial Court
Bill in equity, by the executor of the will of Chester A. Dewey, against Della Pratt, his adopted daughter, and seventeen other persons, his next of kin and the legatees under his will, alleging the following facts: Chester A. Dewey was, at the time of his death, a member of the Masonic Mutual Relief Association of Western Massachusetts, a beneficiary association incorporated under the St. of 1874, o. 875. The by-laws of said association provide, in art. 6, § 2, that each…
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Bill in equity, by the executor of the will of Chester A. Dewey, against Della Pratt, his adopted daughter, and seventeen other persons, his next of kin and the legatees under his will, alleging the following facts: Chester A. Dewey was, at the time of his death, a member of the Masonic Mutual Relief Association of Western Massachusetts, a beneficiary association incorporated under the St. of 1874, o. 875. The by-laws of said association provide, in art. 6, § 2, that each member, in his application for membership, “ shall designate the person or persons to whom the aid derived from his…
1Opinion of the CourtC. Allen, J.
1. We will first consider the questions arising in respect to the money received by the executor from the association incorporated in Massachusetts. The designation by Dewey, that this money should go to his estate, was invalid. If it were a part of his estate, it would be assets for the payment of debts and expenses of administration, and would be subject to an unrestricted disposition by will. But this is inconsistent with the statutes, and so beyond the power of the parties. Pub. Sts. e. 115, § 8. St. 1882, o. 195, § 2. American Legion of Honor v. Perry, 140 Mass. 580. Nor can the will…
2Cases cited4 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Lodge v. WeldMassachusetts Supreme Judicial Court · 1885
- Murphy v. CollinsMassachusetts Supreme Judicial Court · 1876
3Cited by43 opinions
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Holland v. TaylorIndiana Supreme Court · 1887
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
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