O'Brien v. Massachusetts Catholic Order of Foresters
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 15,1912, by the surviving children of John F. O’Brien, late of Boston, who constituted his sole next of kin, against the Massachusetts Catholic Order of Foresters, a Massachusetts fraternal beneficiary corporation of which John F. O’Brien at the time of his death was a member and a holder of a death benefit certificate, and one Augustine A. Donovan, a cousin of John F. O’Brien, whom O’Brien after the death of his wife…
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Bill in equity, filed in the Superior Court on October 15,1912, by the surviving children of John F. O’Brien, late of Boston, who constituted his sole next of kin, against the Massachusetts Catholic Order of Foresters, a Massachusetts fraternal beneficiary corporation of which John F. O’Brien at the time of his death was a member and a holder of a death benefit certificate, and one Augustine A. Donovan, a cousin of John F. O’Brien, whom O’Brien after the death of his wife had designated as his sole beneficiary. The plaintiffs alleged that the designation of Donovan as beneficiary was procured…
1Opinion of the CourtLoring, J.
In contemplation of law the only interest in the death benefit which the deceased (John F. O’Brien) had was a power of appointment and the power of appointment which he had was a limited one. He was limited in making the appointment to his widow, children, relatives or dependents.
If the deceased had undertaken to make an appointment of the death benefit to and among his creditors it would have been an appointment outside the class to which he was limited and void. The appointment to Donovan (who was within the class) on Donovan’s agreeing to apply the amount of the death benefit so far as it…
2Cases cited2 opinions
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Green v. . GriffinSupreme Court of North Carolina · 1886
3Cited by8 opinions
- Logan v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1917
- Cessna v. AdamsNew Jersey Court of Chancery · 1921
- Lamothe v. Société St. Jean BaptisteMassachusetts Supreme Judicial Court · 1923
- Rhodes v. Equitable Life Assurance Society of United StatesOregon Supreme Court · 1924
- Thrivent Financial for Lutherans v. StrojnyDistrict Court, D. Massachusetts · 2012
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