Legal Opinion

Wertheimer v. Independent Order Free Sons of Judah

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

Decided April 7, 1898PublishedCited by 1 opinion

Appeal from special term. Action by Sophie Wertheimer against the Independent Order Free Sons of Judah. From an order denying a motion for inter-pleader, defendant appeals. Affirmed.

1Opinion of the CourtVan 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, Annie Blee. The…

2Cited by1 opinion

  1. Sexton v. Home Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1898

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