Clarke v. Schwarzenberg

This is a bill in equity against the first named defendant as executrix of the will of her husband, Moses H. Schwarzenberg, and in her own right, and against the Massachusetts Benefit Association. From the pleadings and the report of a single justice, upon which the case is reserved for our consideration, the following facts appear.

On May 5, 1885, the Massachusetts Benefit Association issued to Moses H. Schwarzenberg a benefit certificate, under seal, by the terms of which, in consideration of the payment of fifteen dollars by Moses H. Schwarzenberg, and the agreement on his part to accept…