Barnhart v. Bowers

The opinion of the court was delivered by

Thiele, J.:

The question in this appeal is whether an unincor*867porated association has capacity to take a bequest, either in its own right or as beneficiary of a* charitable trust.

Although issues were joined, at the trial the facts were agreed upon and dictated into the record, and so far as here necessary are stated. The last will of Sarah M. Simmons was admitted to probate August 22, 1932. Under its terms she made some specific bequests, which are not here involved. The residuary clause of the will recited:

“Item 5. All the rest and remainder of my…