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AN IMPORTANT DECISION.

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AN IMPORTANT DECISION. An appeal case of great importance to all members of Friendly Societies was heard by the Lords Justices on Saturday, and their judg- ment reverses that of Mr. Justice Mathew in a lower Court. The plaintiff was the daughter of a working man named William May, and the defendants were the executors of his will. In 1889 the testator, acting under the roles of the Royal Liver Society, nominated the plaintiff to receive from the society the sum of £100 at his death, and directed her to provide for his inter- ment. In 1895 he made a will, under which, after paying his debts and funeral expenses, the defendants were directed to divide the residue equally among his grandchildren. May died in the following year, and soon after the defend- ants claimed the JEiOO from the society, but their claim was opposed by the plaintiff. Tn time the plaintiff issued a writ against the society to recover the money, and the society interpleaded, and paid the money into Court. Mr Justice Mathew tried the case in the first instance. By Section 15 of the Friendly Societies Act, 1875, a member of a society may nominate in writing any person to whom any moneys payable by the society on the death of such member—not exceeding £100-shall be paid at his decease. Should the member wish to revoke or vary such nomination it would have to be done in writing. The question in this case was whether the will revoked the nomination. Mr. [Justice Mathew held that the executors under the will became entitled to all the pro- perty of the deceased, subject to the payment of his debts, and decided that the nomination had been revoked. On Saturday the Lords Justices took exception to this view, and held that revocation by will was not provided by the statute. As there had been no revocation, then the nomination stood, and the sum assured formed no part of the testamentary assets of the deceased. The law on this subject is now clear, that the sum insured will become payable to the nominee by the society on simple proof of death. It is immaterial to the society whether there has been a will or not. Members will be relieved to learn that prompt payments must in future be made to the nominees. In this case the plaintiff became entitled to the money at the end of 186, but had to wait nearly two years for payment. Had the judg- ment of Mr Justice Mathew been allowed to stand, the same might have happened to many other people, but this, after the judgment given on Saturday, will now be impossible.

SWANSEA POLICE COURT.

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