1. Since the certificate of incorporation of the society in this case is silent as to the association (incorporated under the act to incorporate associations not for pecuniary profit) being a religious society, but states the objects as purely those of a sick and death benefit society, and the constitution and by-laws follow the certificate in this respect, held, the association is not a religious one.
2. The election of officers and six advisers to constitute a "Supreme Assembly" for the management of the society incorporated under the act to incorporate associations not for pecuniary profit, was illegal. The affairs of such a society must be conducted by the trustees, at least three in number, elected by the members, subject to the by-laws adopted by the members.
3. The property of a society organized to provide sick and death benefits is impressed with a trust for the uses of the society, but the trust is for all members and none will be deprived of their interest therein. Equity will, as far as it can, redress the grievances of members who complain of an injustice affecting their pecuniary interests in the society.
4. Election of trustees according to law under the direction of a master, ordered, the complainants to have the right to participate in the election and to be restored to membership on payment of arrears accrued, if any.
PER CURIAM.
The order appealed from will be affirmed, for the reasons expressed in the opinion filed by Vice-Chancellor Stein in the court of chancery.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.