On September 15, 1929, a dissension arose in the lodge and a majority of the members withdrew therefrom. Of the lodge, the corporation making no charge to the lodge. The court further found that since the aforesaid real estate was acquired it has been used for social purposes by the individual lodge members and as a place for meetings * All this was set forth in the minutes of the meeting of October 28, 1923. 586, but to the corporation, Mutual Beneficial Society Balda Giovinezza Italica that the members of the latter corporation were those who contributed to the building fund, not as members of the Order Sons of Italy in America, but separately on their personal account that in case of dispute, the property should by right be transferred to the members of the Mutual Beneficial Society Balda Giovinezza Italica, without any claim of the Order Sons of Italy in America that in order to save expense, the corporation should not have any administration, the administration elected by the lodge, assisted by a house committee, being sufficient and that the building fund did not belong to the lodge but to the Beneficial Society, even if the funds were disbursed under the signatures of the officers of the lodge and the accounts kept in the name of the lodge. On October 28, 1923, the members of the lodge, in order to dispel any doubt as to the ownership of the property and to satisfy those who had agreed to contribute but had not done so, unanimously denied and declared that the real estate in question did not belong to Lodge Regina Elena No. On March 3, 1923, the Mutual Beneficial Society Balda Giovinezza Italica was chartered as a corporation of the first class, for the purpose of maintaining a society for beneficial and protective purposes, and on March 26, 1923, the individual trustees conveyed the real estate to this corporation and the title is still retained by it.

The $300 hand money was subsequently repaid to the lodge out of the contributions of the individual members to the building fund. No part of the purchase price came from the funds of the lodge, but it was derived solely from individual contributions from members and proceeds of outside activities in behalf of the building fund. With the exception of $300, hand money, * Because the proposed corporation had not yet been chartered, the title to the real estate was taken in the names of three individuals, as trustees, without designation of beneficiary. On October 3, 1922, the real estate above described was purchased for the sum stated, $13,500. Many lodge members made no contributions. During the year 1922, $4,770 were received from 193 individual contributors. The aforesaid action is recorded in the minutes of the meeting of the above date. It was expressly determined that the Order Sons of Italy in America and any organization over which it had control should have no interest in the property, or right of usage or possession under any circumstances.

At a meeting of the lodge held March 19, 1922, it was agreed that such a property should be purchased, not with money of the lodge but with special contributions from individual members that the purchase should be made by and under an equity to be incorporated under the laws of Pennsylvania that in order to effect such purchase a building fund should be established by special contributions from individual members, present and prospective, and contributors should thereupon become members of the corporation.

The substance of the most material of these findings is as follows: The members of this lodge wished to acquire a hall for social activities for themselves and their children as well as a meeting place for the lodge. Page The chancellor made twenty findings of fact. The title to the real estate was taken in the name of three individuals of this lodge as trustees, but without designation of the beneficiary. 586, Order Sons of Italy in America (hereinafter referred to as the lodge) and as a place of meeting for the lodge. Since the real estate was purchased it has been used for social purposes by the individual members of Lodge Balda Giovinezza Italica No. It was purchased on October 3, 1922, for $13,500, of which $6,000 was paid in cash and the balance secured by a purchase-money mortgage. The question involved in this case is the ownership of a piece of property 125 feet square, situated at Sharpsburg, Pa., and improved in front with a two-story brick building and in the rear with a one-story frame dwelling.

Mazaika coal co.