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IN RE ESTATE OF BAUER

No. 43,473

192 Kan. 538 (1964)

390 P.2d 16

In the Matter of the Estate of Elmer Fred Bauer, deceased. (MARJORIE CARTER, et al., Appellants, v. STERLING LODGE No. 171, A.F. & A.M., Appellee.)

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Edward Wahl, of Lyons, argued the cause, and Bronce Jackson, of Lyons, was with him on the briefs for appellants.

Arthur C. Hodgson, of Lyons, argued the cause and was on the briefs for appellee.

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...

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