Shriners Hospitals for Crippled Children v. Grand Lodge of the Ancient, Free & Accepted Masons

RlST, District Judge.

This is an appeal from a judgment and decree of the District Court of Furnas County, Nebraska, construing a portion of the last will and testament of Laura Bernstrauch, deceased.

Miss Bernstrauch died September 17, 1978, in Oxford, Nebraska, and her last will and testament was admitted to probate in the county court of Furnas County, Nebraska, on October 23, 1978. Her will contained the following provision: “FIFTH [CHARITABLE DEVISE OF LAND] I give, devise and bequeath unto the Masonic Lodge for Crippled Children, and for that sole and only use, title to pass to said Lodge…