Frontier Lodge No. 104 v. Wilson

*76The opinion of the court was delivered by

Hutchison, J.:

This action brought by Frontier Lodge No. 104, Ancient Free and Accepted Masons of Washington, Kansas, a corporation, against the heirs at law of Barton S. Wilson, to establish and enforce specific performance of a contract said to have been made between Barton S. Wilson and his wife, Lydia Wilson, to leave by their wills their property to the plaintiff lodge. They did each make the plaintiff lodge the residuary legatee, but wills are revocable while contracts are irrevocable. The action is therefore not based on a will but on an alleged…