The comet. [volume] (Jackson, Miss.) 1877-1882, 1882-10-28

ecutqr,s bond, setting up that u
1900 benefit hsd been lAId Into ID
hands Of the executor. WIN hnd ~
Qfif settled certain dskfu 0f Grant
but refused 70 pay their Judgment
They admitted that the viii did no
dire i payment Of their claim, b.
thls was an unistentfonal 0nllsuion
of the. tesla tor. They clslmed thsl
the unoxpendsd funi 10 the hands q
the executor was assets Of The eststl
of James Grant, and they prayed for
: decree rcquiring the executor 70 pay
their judgement ont It.
Curphsy, Executor, answered ID
hitting the judgement, but denyin1
that the fund In his hsnds was o.
could be assets. The sChancellx
dismissed the Bill, and compIainants
appealed.
Campbell q. J., Delivered The opip-
We will not b undsfstood to ~
D0ub " suC PtOPoDhthO4 souS ~ b0D0t~
ance association can. by any regula-
ton II may adopt enable insolvept
debtors 10 lnveet thelr msap9 - the
procurement Of benefits to Others ID be
held beyond the reach Of creditors
contrary to tho laws Of this stats, but
this case does not present this queg-
ton. The BIZ 4 not framed to reach
the assets Of IN insolvent debtor IT.
tempted to be placed beyond the reach
of creditors In fraud Of their rights.
1t assertsa right to subject the fund
because Of the assumption that II be-
l0nged to the debtor, and was Assets
In the hands Of bis personal rspFssen-
tative, and, therefore, accrued to hts
creditors by virtue Of the law. How
did It belong to the debtor? Only &C
cording to the contract made BY the
s0ciety, and Its terms are contained
IN Article OF the Consultation. for
sections Of Endowment Rank OF the
Knights Of Pythias." BY this the
member had only v power Of appoint
ment Of the beneficiary Of the benefit
on his death, failing 20 exercise which'
the benefit would 20 10. the society In
the situation in-which this member
was, without wife or child, or father
or mother, or brother or sister, aud ex-
ercisinR which bis appointee was
entitled, to the exclusion Of ALI others.
By the terms on which the certificate
of membership was iksued, (Which
constituted the contract of the society,
and fixed Its liability, and the right Of
the member, and those claiming
under him), creditors mad no rights
which they could enforce against the
society, and the exercise by the men,
Der Of his right to dssignats q beDefi-
ciary of the fund did not generate q
right Of creditors which they did not
have before. II he had not made .
will disposing .0f the beneflf, Il would
by the rules Of the society nave bel0g.
ed to 1t for the widows and orphans
fund after paying the funeral expen-
SEES of the deceased member.
It was his declaration that others
should have 1t which prevented its
going to the widows and orphans
fund.
1t IL Uncomfortable that his testa-
mehtary wish that certain persons
should have II should have the nlagi-
Cal effect to divest 1t from them TO |
his creditors, who but for that would |
have had no claim ON II. II 1t was |
his, 1t would be appropriated to cred
ltors. II It was not his, and he had |
only power Of appointment with ref
erence TO 1t, his exercise Of this power |
created no right 10 creditors. With |
out the will creditors could not reach |
The benefit. BY 1t they can not, be- |
cause II devoies II to others, aud the |
will governA Decree Affirmed.