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17-1703. Real estate and stock of subordinate organizations. Any subordinate lodge, council or camp or other subordinate organization of any fraternal, benevolent, patriotic or beneficial order or association now established or organized or which may be established or organized hereafter in the state of Kansas, and which is under the control of a supreme, grand or other superior organization, may purchase, own, manage, control, improve, mortgage and dispose of such real estate, including such suitable building or buildings as may be necessary to provide suitable accommodations for the holding of its meetings and transacting of its business, and may purchase, own, manage, control and dispose of stock in a corporation which has for its purpose the building, erection, control, management or ownership of such suitable building or buildings as may be necessary to provide suitable accommodations for the holding of meetings and transacting of business of any organization or organizations as are provided for herein: Provided, That any such building or buildings as are provided for herein may be used in part for other purposes.

History: L. 1899, ch. 164, § 1; L. 1909, ch. 171, § 1; R.S. 1923, 17-1703; L. 1945, ch. 158, § 1; June 28.


1. Fraternal insurance orders cannot take property under a will. Kennett v. Kidd, 87 Kan. 652, 656, 125 P. 36.

2. Amount of real estate which local camp may hold. Kennett v. Kidd, 89 Kan. 4, 5, 7, 130 P. 691.

3. Masonic lodge may take under will and devote property to charity. Clark v. Watkins, 130 Kan. 549, 550, 287 P. 244.

4. Benevolent society not exempt from liability for employee's negligence unrelated to charitable purpose. McMillen v. Summunduwot Lodge, 143 Kan. 502, 505, 506, 54 P.2d 985.

5. Cited; title to and control of abandoned church property governed by church law. United Brethren, etc., v. Mount Carmel Community Cemetery Ass'n, 152 Kan. 243, 248, 103 P.2d 877.

6. Applicable to subordinate lodge under control of superior organization outside state. Long v. Meade, 162 Kan. 129, 130, 131, 132, 174 P.2d 114.

7. A church corporation has no immunity as to liability in tort and is liable for wrongful death resulting from fall on church property. McAtee v. St. Paul's Mission, 190 Kan. 518, 376 P.2d 823.

8. Statute does not prohibit devise of real estate to Masonic lodge if used for construction of meeting place or for charity; dissent. In re Estate of Bauer, 192 Kan. 538, 539, 540, 541, 544, 545, 546, 547, 390 P.2d 16.

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