MATTER OF KUNZE


282 A.D. 300 (1953)

In the Matter of the Accounting of Walter A. Rode, as Executor of Charles W. Kunze, Deceased, Respondent. Azure Lodge No. 868 of the Free and Accepted Masons of the State of New York, by August C. Kellenberger, as Treasurer, et al., Appellants; Margaret Heunsch et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 7, 1953.


Attorney(s) appearing for the Case

Francis E. Carberry of counsel (Stephen J. McTague with him on the brief; Alexander & Keenan, attorneys), for appellants.

Harry W. Starr and Arnold M. Karter for Louisa Junker, respondent.

GLENNON and BREITEL, JJ., concur; COHN and CALLAHAN, JJ., dissent and vote to affirm.


PECK, P. J.

This case raises the interesting question of whether the policy of the law and practice of the courts of making effective a bequest to an unincorporated branch of an association, by directing that payment be made to the parent organization, is limited to charitable or religious organizations or whether it is consonant with that policy to apply the practice to a benevolent fraternal organization.

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