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POULIER v. PUBLIC SERVICE MUTA PROVIDANT ASSOCIATION


Poulier V. Public Service Mutual Provident Association

Present: Wood Renton J.

POULIER v. PUBLIC SERVICE MUTUAL PROVIDENT
ASSOCIATION
.

236-C. R. Colombo, 22,419.

Public Service Mutual Provident Association-Ordinance, No. 5 of 1891. s. 14 (rule 8)-Legally constituted heirs-Next of kin.

Rule 8 made under section 14 of Ordinance No. 5 of 1891 contemplates the determination of who are a member's " legally constituted heirs " and " next of kin " according to the law to which he is subject.

" As the primary object of the association is to make provision for widows and children, it is not surprising that a, special order for distribution should be established in their case, while the rights of the other relatives are left to be determined by the ordinary law of succession."

Rule 11 protects the association only against the consequences of payments made in error to wrong persons, or of other bona fide mistakes of fact.

THE facts are fully set out in the judgment of the learned Commissioner of Requests (R. N. Thaine, Esq.): -

The facts in this case are these. One D. E. Poulier, who was a member of the Public Service Mutual Provident Association, died in October, 1909, wi

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