Legal Opinion

Wertheimer v. Independent Order Free Sons of Judah

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 4 opinions

Appeal by the defendant, the Independent Order Free Sons of Judah, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 11th day of October, 1897, denying the defendant’s motion for an order substituting Annie Blee as defendant in its stead.

1Opinion of the Court

Van Brunt, P. J.:

The defendant is a fraternal order, and one Edward Wertheimer was a member at the time of his death. The constitution of the defendant provides. that, upon the death of a member, a sum of $500 shall be paid to the widow of the deceased member, but that the member may by a designation in the manner and form prescribed by the constitution bequeath the sum of $250 ■ of his • death benefit to his children. The deceased died leaving a widow and no children. He also left a will, which has been duly admitted to probate, by which he bequeathed $250 of his death benefit to his sister,…

2Cited by4 opinions

  1. Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
  2. Wells v. National City BankAppellate Division of the Supreme Court of the State of New York · 1899
  3. Sexton v. Home Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
  4. Sexton v. Home Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1898

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