Benefit

Good, advantage; fruit, profit, use; aid. As, in the expressions, assignment for the benefit of creditors, common or mutual benefit, benefit of a doubt, of clergy, of copyright, of a law.

See Betterment; Use, 2.

Only he for whose benefit a thing exists can complain of a non-recognition or abuse of his right; and he who retains the benefit of an act must bear the burden.' He who has enjoyed the fruit of an act cannot afterward deny the existenco or validity of the act— as, that a bond is not valid,* that a law is unconstitutional,^ or an act ultra vires.

See Commodum.

Benefit society

An association incorporated for the purpose of receiving periodical payments from members, to be loaned or given to such members as may need pecuniary relief. Sometimes called aid, and beneficial, society. Sick benefits. Aid, usually money, given to a person during the period of his illness or disability, on account of membership or insm'ance in a benefit or relief society.* The recognition of a person as a member up to a short time before his death, in connection with the presumption that persons follow such regulations as they are,under, is sufficient evidence of good standing to maintain an action upon a certificate.' When a benefit certificate takes effect, so far as to vest an absolute right to the benefit money, at the death of the party to whom it issued, the same rule should hold which preva Us as to wills and life policies of insurance, viz., that an express designation of the person is conclusive.^ 1 [4 Bl. Com. 107; 3 Kent, 494. » 1 Story, Eq. 12 ed. § 321, note. ' Cowell V. Colorado Springs Co., 100 TT. S. 55 (1879); Jones V. Guaranty, &c. Co., 101 id. 628 (1879); Peoples' Bank v. National Bank, ib. 181 (1879). * United States v. Hodson, 10 Wall, 395 (1870). » Daniels v. Teamey, 102 U. S. 421 (1880); 106 id. 481. • See Poultney v. Bachman, 31 Hun, 49, 62-55 (1883), cases. 'Lazensky u. Knights of Honor, 31 F. E. 592 (1887); Knights of Honor v. Johnson, 78 Ind, 113 (1881). 8 Thomas v. Leake, 67 Tex. 470 (1887), WUlie, C. J. As to beneficiaries generally, see Lamont v. Grand Lodge, 31 F. E. 177, 181 (1887), cases. As to designation of A contract of membership must be read in the light afforded by the constitution and by-laws,' See Accident; Association. Benefits accepted. See Agent; Assumpsit; CONTEACT, Implied; ESTOPPEL. Benefits and burdens. Advantages and disadvantages; profits and losses; rights and duties. See Buedbn. Beneficial. 1. For the assistance of members, as see^ Society, above. 3. Entitled to receive the income or profit, as the beneficial owner of an estate. See Beneficlaet. 3. Contributing to the end in view; supporting or maintaining, rather than restricting or defeating; liberal. See Consteuc- TiON; Statute, Eemedial; Res, 3, Ut, etc. BENEVOLENCE; BENEVOLENT. "Benevolent," of itself, without anything in the context of a will to restrict its ordinary meaning, clearly includes not only purposes which are deemed charitable by a court of equity, but also any acts of kindness, good will or disposition to do good, the objects of which have no relation to technical charities.^ Hence, a devise to be applied " solely for benevolent purposes," in the discretion of a trustee, is not a charity,.. But "benevolent," when coupled with " charitable " or an equivalent word, or used in such connection or applied to such public institutions or corporations as to manifest an intent to make it synonymous with "charitable," has been given effect according to that intent.'* "Benevolence" is wider than "charity," in legal signification, but its meaning may be narrowed by the context.,' "Benevolent," applied to objects or purposes, may refer to such as are charitable or not charitable, in the legal sense. Acts of kindness, friendship, forethought, or good wiU, might properly be described as benevolent. It has therefore been held that gifts to trustees to be applied for "benevolent purposes " at their dis, cretion, or to such "benevolent purposes" as they could agree upon, do not create a public charity... Where the word is used in connection with other words explanatory of its meaning, and indicating the intent of the donor to limit it to purposes strictlj charitable, it has been held to be equivalent to " charitable," * See Association; Charity. ■' Splawn V. Chew, 60 Tex. 634 (1883); 67 id. 472. See also, generally, 22 Cent. Law J. 662-64 (1886), cases; ib. 277, cases. ' Chamberlain v. Steams, 111 Mass. 268-69 (1873) cases. Gray, J.' ' = De Camp v. Dobbins, 31 N. J. E. 695 (1879), Beasley, C. J.; Thomson t>. Norris, 20 id. 523 (1869), cases- 60