Carter v. Sterling Lodge No. 171 , 192 Kan. 538 ( 1964 )


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  • Robb, J.

    (concurring specially): I have no difficulty in concurring in the majority opinion so far as it goes. However, under G. S. 1949, 17-1701, the legislature clearly and unequivocally made it permissive for certain religious, charitable, and benevolent associations to incorporate. Included therein is any grand or suhordi*545note lodge of Free and Accepted Masons. Further pinpointing these lodges as such is the fact they are included along with “colleges, universities, academies, or seminaries.” In my opinion G. S. 1949, 17-1703 gives them the authority to deal with their real estate in the same manner as other corporations and this is emphasized to me by the proviso: “That any such building or buildings as are provided for herein may be used in part for other purposes.”

    I believe the testator intended the lodge to have this property in fee simple absolute and I cannot see that it does violence to the statutes. To restrict it as the majority opinion does partially tends to defeat the testator s intent.

Document Info

Docket Number: 43,473

Citation Numbers: 390 P.2d 16, 192 Kan. 538

Judges: Fatzer, Fontron, Price, Robb, Schroeder

Filed Date: 3/7/1964

Precedential Status: Precedential

Modified Date: 8/22/2023