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155 Pa. 483

Chidester v. Yard

Supreme Court of Pennsylvania

Decided May 22, 1893

Supreme Court of Pennsylvania · decided 1893-05-22

Appeal, No. 92, Jan. T., 1893, by defendant, H. C. Yard, executor of Fannie Vance, deceased, from judgment of C. P. Erie Co., Nov. T., 1891, No. 12, on verdict for plaintiff, Ella J. Chidester, formerly Durban. Issue to determine ownership of proceeds of benefit certificate issued on life of Fannie Vance by the Equitable Aid Union, a beneficial association organized under the laws of Pennsylvania.

Cited by 1 later decisions — most recently April 1922

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1893-05-22

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Per Curiam,

¶1This issue was framed to determine the ownership of a fund raised by the payment into court by the Equitable Aid Union of the amount of a certificate or policy issued by it on the life of Francis Vance.

¶2The certificate was taken out by Mrs. Vance. At the time of her death it was held by the plaintiff, and she was the beneficiary named therein. The executor of Mrs. Vance claims the *489money on the ground that the certificate in the hands of the plaintiff was a mere wager on the life of Mrs. Vance. Whether this was so or not depended on the conclusions to be drawn from the testimony, some of which was conflicting. Under the evidence therefore the character of the plaintiff’s holding was a question of fact for the jury. It was properly submitted and has been settled by the verdict.

¶3The judgment is affirmed.

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