CHARITIES - CAPACITY OF AN UNINCORPORATED ASSOCIATION TO ACT AS TRUSTEE OF A CHARITABLE TRUST

The residuary clause of testatrix's will directed that the remainder of the estate "after the rest and remainder has been converted into money by my executor . . . I give, devise and bequeath to the Old Order Church, . . . to be invested and reinvested among the members of the said church, and the income derived therefrom to be used for the benefit of the said Church." The church named was an unincorporated association and the heirs claimed that as such it had no capacity to take the bequest, either in its own right or as trustee. The court interpreted the, residuary clause as a gift to the association as trustee for a charitable purpose and held, though an unincorporated association is not a competent trustee, the appointment of the subsequently incorporated church was valid. Barnhart v. Bowers, 143 Kan.

866, 57 P. (2d) 60 (1936).