N.Y. Benevolent Orders Law § 5: Powers of trustees

§ 5. Powers of trustees. 1. Such trustees shall have the care,

management and control of all the temporalities and property of the

lodge, chapter, commandery, consistory, council, temple, grotto, post,

tribe, tent, nest, camp, encampment or canton, or Degree of Pocahontas

council, and they shall not sell, convey, mortgage or dispose of any

property except by and under its direction, duly had or given at a

regular or stated communication, convocation, encampment or meeting

thereof, according to its constitution and general regulations. They

shall at all times obey and abide by the directions, orders and

resolutions of such lodge, chapter, commandery, consistory, council,

temple, grotto, post, tribe, tent, nest, camp, encampment or canton, or

Degree of Pocahontas council, duly passed at any regular or stated

communication, convocation, encampment or meeting thereof not in

conflict with the constitution and laws of this state or of the grand

body to which it shall be subordinate, or of such lodge, chapter,

commandery, consistory, council, temple, grotto, post, tribe, tent,

nest, camp, encampment or canton, or Degree of Pocahontas council.

2. If a lodge of Free and Accepted Masons or a chapter of Royal Arch

Masons, surrender its warrant to the grand body to which it is

subordinate or is expelled or becomes extinct, according to the general

rules or regulations of such body, the trustees then in office shall,

out of the property belonging to such lodge or chapter, satisfy all just

debts due from it and transfer the residue of its property to the

"trustees of the masonic hall and asylum fund," a corporation created by

chapter two hundred seventy-two of the laws of eighteen hundred

sixty-four, entitled "An act to incorporate the trustees of the masonic

hall and asylum fund," and unless reclaimed by such lodge or chapter

within three years from such transfer, in accordance with the

constitution and general regulations of such grand body, the same, with

the avails or increase thereof, shall be applied by the "trustees of the

masonic hall and asylum fund" to the benevolent purposes for which such

trustees were created in and by such act.

3. If a lodge of Odd Fellows, duly chartered by and installed

according to the general rules and regulations of the Grand Lodge of the

Independent Order of Odd Fellows of the state of New York, surrender its

charter to the grand lodge to which it is subordinate or is expelled or

becomes extinct, according to the general rules or regulations of such

grand lodge, trustees appointed by the Grand Master shall, out of the

property belonging to such lodge, satisfy all just debts due from it and

transfer the residue of its property to the Grand Lodge of the

Independent Order of Odd Fellows of the state of New York, and unless

reclaimed by such lodge within three years from such transfer, in

accordance with the constitution, by-laws, rules and regulations of such

grand lodge, the same, with the avails or increase thereof shall become

the property of the grand lodge.

4. If a lodge of Knights of Pythias, duly chartered according to the

constitution, statutes and rules and regulations of the Grand Lodge

Knights of Pythias, of the state of New York, surrenders its charter to

said Grand Lodge to which it is subordinate, or whose charter is vacated

by said Grand Lodge, or if such lodge becomes extinct, according to the

constitution, statutes and rules and regulations of said Grand Lodge,

one or more trustees appointed by the Grand Chancellor shall, out of the

real, personal or mixed property belonging to such lodge, satisfy all

just debts due from it, and transfer the residue of its property to the

Grand Lodge Knights of Pythias, of the state of New York, and, unless

reclaimed by such lodge within five years from the time when its charter

was or is surrendered or vacated, or from the time when it became or

becomes extinct, and in accordance with the constitution, statutes,

rules and regulations of said Grand Lodge, the same, with the avails or

increase thereof, shall automatically, and without further action being

required, become the property of said Grand Lodge, whenever such

surrender, vacating or extinction occurred, even if prior to the date

when this subdivision became effective; and the provisions hereof as to

the transfer of said property to said Grand Lodge shall apply to such

surrender or vacating of the charter of such lodge, or its becoming

extinct, prior to the effective date of this subdivision, if the

property thereof has not been reclaimed.

5. If a lodge of the Benevolent and Protective Order of Elks, duly

chartered according to the constitution, statutes, rules and regulations

of the Grand Lodge of the Benevolent and Protective Order of Elks,

surrenders its charter to said Grand Lodge to which it is subordinate,

or whose charter is vacated by said Grand Lodge, or if such lodge

becomes extinct, according to the constitution, statutes, rules and

regulations of said Grand Lodge, trustees appointed by the Grand Exalted

Ruler shall receive, hold, conserve, manage or sell the lodge property,

both real and personal, satisfy all just debts of the lodge, and retain

and invest the net proceeds therefrom, in trust, until such time as said

lodge may be reinstated or a new charter be granted in the same

jurisdiction, except that the Grand Exalted Ruler shall direct that the

remaining trust assets be conveyed to a tax exempt charitable

organization of the State Association or, if there is no such tax exempt

charitable organization, to the Grand Lodge Emergency Charity Fund if he

shall determine, after ten years from the creation of the trust, that

the lodge in question is not going to be reinstated or a new charter be

granted in the same jurisdiction.

6. If a lodge of Moose International, Inc., duly chartered according

to the constitution and bylaws of Moose International, Inc., surrenders

or suffers revocation of its charter to Moose International, Inc., to

which it is subordinate, or if such lodge becomes extinct, according to

the constitution and bylaws of Moose International, Inc., the

paraphernalia, supplies, property, cash and other assets remaining after

payment of all indebtedness of the lodge shall be transferred to Moose

International, which shall hold, conserve, manage or sell the property

of lodge, both real and personal, and invest the net proceeds therefrom

in a defunct lodge account, in the name of Moose International, Inc.