Carter v. Sterling Lodge No. 171

The opinion of the court was delivered by

Fatzer, J.:

This appeal again presents the question whether a Masonic lodge has the capacity to take real property devised to it by will. The facts are not in dispute, and those pertinent are briefly summarized: Elmer Fred Bauer, an elderly unmarried Rice County farmer and landowner, died on September 19, 1960, leaving a last will and testament by which he devised the remainder interest in 160 acres of farm land in Rice County to the Sterling Masonic Lodge No. 171 A. F. & A. M. of Sterling, Kansas. A life estate in the real property was devised to a…