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IN RE BENEVOLENT & PROTECTIVE ORDER OF ELKS

June 6, 1933

In re BENEVOLENT AND PROTECTIVE ORDER OF ELKS, BROOKLYN LODGE NO. 22


The opinion of the court was delivered by: BYERS

BYERS, District Judge.

This is a motion by the receiver for an order directing the Kings County Trust Company to turn over to him a bank account in the name of "B.P.O.E. No. 22, Harry A. Hanbury trustee, Joseph H. Becker, Secretary in trust," in which account there is a balance of $25,377.01.

The motion is resisted by Messrs. Becker and Hanbury, who have filed affidavits in which it is related that they appear specially for the purpose of denying the jurisdiction of the Court to determine this motion. Each deponent alleges that the bank account in question was established pursuant to the adoption of a motion at a regular meeting of the bankrupt held January 13, 1933, of which the following is said to be a correct record:

 "Excerpt from Minutes of January 13th, 1933.

 "Brother George A. Colgan moved:

 "That, in order to protect our members, that all proposition fees, initiation fees, life membership fees, Grand Lodge Assessments, and dues (April 1st, 1933) be held in escrow in trust pending settlement of financial conditions of the Lodge.

 "Brother Samuel C. Duberstein moved to amend:

 "That, such funds be held intact in escrow, in the name of Joseph H. Becker, Secretary, and Harry A. Hanbury, Chairman of the Board of Trustees, until April 1st, 1933, subject to disposition by the Lodge, and any court that may pass upon it.

 "Amendment accepted by Brother George A. Colgan as part of the original motion.

 "I certify foregoing to be correct.

 "Joseph H. Becker Secretary"

 The affidavits continue that, at the regular session of the Lodge held January 20, 1933, when the minutes of the last meeting were presented for action, the foregoing was amended to change the word "until" appearing before "April 1st, 1933," to the word "from."

 It is the obvious duty of the receiver to seek to take possession of all of the bankrupt's property and, if this bank account is such, the motion should be granted.

 It is difficult to assign to the above action of the meeting its precise legal status, because it does not appear from anything now on file whether the meeting of January 13, 1933, was properly constituted in accordance with the constitution of the national body of which the Brooklyn chapter is a ...


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