Legal Opinion

Bilyeu v. Lester

Court of Appeals for the Third Circuit

Decided May 22, 1922No. 2814Published

Petition to Revise and Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. In the matter of the Order of Sparta, bankrupt; William F. Lester, trustee. William H. Bilyeu appeals from and petitions to revise an order applying fund to payment of death claims.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

[1] This case concerns the funds in the hands of the receivers in bankruptcy of the Order of Sparta. That order was an unincorporated beneficial association, common in Pennsylvania, and by reference to Taylor v. Order of Sparta, 254 Pa. 556, 99 Atl. 157, its status in that state will appear. It will also be seen, from the decisions noted in the margin,1 that the underlying purpose of such associations is the payment of benefits at death. The members receive no benefits during life, but on the death of a member his beneficiary becomes a creditor, and the trust imposed…

2Cases cited8 opinions

  1. Hamill v. Supreme Council of the Royal ArcanumSupreme Court of Pennsylvania · 1893
  2. Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
  3. Liederkranz Singing Society v. Turn-VereinSupreme Court of Pennsylvania · 1894
  4. Taylor v. Order of SpartaSupreme Court of Pennsylvania · 1916
  5. Fletcher v. TribeSuperior Court of Pennsylvania · 1899

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