Maine Law Review Volume 13

Maine Law Review Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...invoked. Equity and good conscience seems to be the dominant factor as is evidenced by previous decisions, Greenwood 7/. Greenwood 113 Me. 227; Whiting v. Whiting 114 Me. 383. INSURANCE--BY-LAWS OF FRATERNAL BENEF1T ASSOC1AT1ON PART or CONTRACT---BY-LAWS AS TO REVOCAT1ON OF CERT1F1CATE FOR BENEF1T OF Assunao AS WELL AS THE Assoc1AT1ON.--Complainant corporation had issued to George A. Martin Jr. deceased, a beneficiary certificate payable to Georgie A. Penny, his daughter. The day before his death he signed a formal instrument purporting to substitute the name of his brother for that of his daughter as beneficiary. Was the substitution legally effectual under the circumstances? Grand Lodge A. O. U. W. of Maine v. Penny et. el. 118 Me. 409, 108 At. 355. Section 10 of the PlaintiPf's by-laws relating to change of beneficiaries.................."said revocation and direction must be made in the form prescribed, signed by the member in the presence of and attested by the recorder of his lodge.................and forwarded with the beneficiary certificate to the Grand Recorder." The reservation and direction was not signed in the presence of the recorder nor in the presence of a notary or court officer as provided by subsequent section, but was signed by George A. Martin Jr. and in his absence delivered to the recorder who signed the attestation clause. Although several Courts have decided that a substantial compliance with the by-laws of a similar corporation would be sufficient, yet this seemed to be more than a mere ministerial act, the court saying: "The requirement that a revocation shall be executed in the presence of an official is not solely for the benefit of the society. Its primary object is to guard against...
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Product details

  • Paperback | 86 pages
  • 189 x 246 x 5mm | 168g
  • United States
  • English
  • black & white illustrations
  • 1236949722
  • 9781236949721