Appeal of Nixon
Supreme Court of Pennsylvania
Appeal from decree of Orphans’ Court- of Allegheny county. 1. After the death of William Nixon, the Odd Eel-lows’ Society paid his widow, Agnes Nixon, who was also administratrix, one hundred and fifty dollars, under the following sections ot the rules of the lodge: “8ee. 119. The great object of a fuueral benefit in the order is to extend immediate aid to the family of a deceased brother, at. a time and under circumstances which, more than at any other time or condition of…
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Appeal from decree of Orphans’ Court- of Allegheny county. 1. After the death of William Nixon, the Odd Eel-lows’ Society paid his widow, Agnes Nixon, who was also administratrix, one hundred and fifty dollars, under the following sections ot the rules of the lodge: “8ee. 119. The great object of a fuueral benefit in the order is to extend immediate aid to the family of a deceased brother, at. a time and under circumstances which, more than at any other time or condition of things, requires sup]jprt and sympathy. The right of property to the funeral benefits is in the family ot the deceased,…
1Opinion of the CourtHawkins, P. J.
1. The effect of the appropriation of “funeral benefits” made by the Odd Eellows’ Society, in this,case, was to relieve the estate from the payment of the funeral expenses of deceased. This is the plain reading of the laws of that order. The object ot the one hundred and nineteenth section was simply lo exclude any claim of ownership in the “benefits” in the lifetime of the brother as property. There is nothing in the laws in evidence to show that reimbursement was intended. It was clearly a donation, and extinguished the claim as against the estate. The accountant, is not, therefore,…
Also in this document: Per curiam.
2Cases cited1 opinion
- Jones v. Merchants' BankThe Superior Court of New York City · 1867