Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-07
MRS. EDDY'S NEXT
FRIENDS" FILE SUIT
Answer of the Plaintiffs to De-
PENDANTS Motion.
GROUNDS FOR THE ACTION
Baker, Mcclellan and Fernald Said to
Be in Possession.
MOOT QUESTION OF COMPETENCE
Frederick w. Peabody of Concord Dis
cusses the Attempted Creation
GROUNDS FOR THE ACTION
MOOT QUESTION OF COMPETENCE

l mental Dill IN equity, called forth by the
recent announcement that the property of
Mrs. Mary Baker G. Eddy had been trans
fered to three trustees, was filed in the
Merrimack county court today by the
original plaintiffs. or next friends" in the
suit for an accounting of Mrs Eddy 3
property.
| The bill filed today is the answer of the
| plaintiffs to the motion made by the
defendants last Tuesday that the three
| trustees, Archibald Mcclellan of Boston.
Henry NJ Baker of Bow and Josiah E.
Fernald of this city be substituted for the
next friends and be empowered to pros
ecute the suits against the defendants in
the case, who are all prominent members of
| the Christian Science Church. The answer,
| In the form of supplemental petition, asks
| that the three trustees be added to the list
| OF defendants on the ground that the trus-
tees are working for the same ends as the
| original defendants-that Is, that they are
unduly influencing Mrs Eddy and managing
her property to their own purposes.
Judge Robert N. Chamberlain issued an
original defendants and three trustees. shall
appear in court on April Is to make answer
to the petition filed today.
The Supplemental Bill.
The supplemental bill also asks that the
deed OF trust be vacated on the ground
that Mrs Eddy was not competent to ex-
ecute 1t, and 1t was a device contrived by
the defendants to defeat the purpose of the
original suit
The supplemental bill. Invested of legal
phraseology. is as follows
The petition of Mary Baker Glover Eddy
who sues by her next friends, George w.
Glover, Mary Baker Glover George w.
t Baker, Fred w. Baker and Ebenezer ].
Foster Eddy. against Calvin A Frye AL
fred Farlow, Irving c. Tomlinson, Ira o.
hnapp, William B. johnson. Stephen A.
chase Joseph Armstrong, Edward A. Kim
pail' Hermann S. Herring. Lewis c. Strang,
Henry M. Baker, Archibald Mcclellan and
Josiah E. Fernaid.
i. The plaintiffs say that on the first day
of March, 1907, there was exhibited in this
court their original bill of complaint
against all the above-named defendants
except Baker, Mcclellan and FernaId
which bill stated the grounds of their ac-
tion and prayed appropriate relief and was
now pending at this present term Of said
court.
Took Possession Of Estate.
= The plaintiffs further say that after
the filing of said bill. to wit on the sixth
day of March. the defendants induced Mary
B. G. Eddy, she being then in the condition
of mind and body alleged in plaintiffs
original bill, to execute deed transferring
all her estate, real and personal, to Henry
~ Baker Of Bow. N. H.; Archibald Nc
Lellan of Boston, Mass and Josiah Il
Fernald of Concord. N. H., and that there
upon. in pursuance Of said deed Baker.
Mcclellan and Fernald proceeded to take
conveyed by said doed.
3. The plaintiffs further say that Baker
Mcclellan Fernald are the agents and at
torneys of the defendants In plaintiffs orig
mai bill and subject to the control of said
original defendants, and are a part of the
combination to surround and seclude the
person of Mary B. G. Eddy and in connec-
ton with the other defendants to take
charge of her property and her business
and to manage the same, solely according
to their own pleasure and that they have
completely succeeded in effecting the pur-
pose Of their combination and that there
Is abundant reason to believe that they
and their associates have wrongfully mis-
appropriated or unlawfully diverted large
sums OF money and larger amounts of
property Of Mary B. G. Eddy, as set forth
Ia Soiu oii6iiidi piil Ill SQully.
Not Competent to Execute.
4. The plaintiffs further say that the deed
of March the said Mary B. G. Eddy was
not competent to execute, by reason of her
condition, as set forth in said original bill
in equity. and that the same is a device of
all the defendants contrived and carried
out for the purpose Of enabling the defend
ants more surely to accomplish the wrong
full purposes of the aforesaid combination
ceiver in said original suit and to defeat
the regular course of said suit.
Therefore the plaintiffs pray:
l. That this supplemental bill may be
made a part Of the original bill in equity
and that the defendants Baker. Mcclellan
& Fernald be required to appear therein
and make answer thereto, and,
g That the defendants Baker, Mcclellan
and Fernald be required to transfer and de-
liver to the receiver or receivers, when ap-
pointed by the court under the prayer for
reflex In the original bill all the property of
the said Mary B. G. Eddy taken possession
of or received by them under the provisions
Of the deed signed March g. 1907; and for
such further relief as to the court may seem
requisite and Just
(signeD GEORGE w GLOVER.
NARY BAKER GLOVER,
GEORGE w. BAKER,
FRED W. BAKER,
EBENEZER FOSTER EDDY.
WILLIAM E. CHANDLER,
JOHN w. KELLEY,
MARTIN & HOWE.
Service was made today upon Messrs.
Baker and Fernald, the two local men
among the added defendants. Neither the
trustees nor Gen. Frank 8. Streeter. their
counsel, would make any statement for pub
location.
Must Be Proven.
BOSTON. April 6.-Frederick W. Peabody
of this city. Of counsel for the plaintiffs in
the suit for an accounting Of the property
OF Mary Baker q. Eddy, in a statement
with reference to the deed Of trust proceed
ings said today:
1.-THE status Of the three alleged trustees
will not b assumed. but must be proven.
They are not trustees IL the instrument
upon which they rely Il OF no validity, and
che validity Of the instrument can be deter
mined only BY 4 judicial determination OF
the mental capacity OF tho person who Is
alleged to have made It.
'.Ths attempted creation OF the trust Il an
admission of the fncompetency of Mrs.
Eddy personally to administer her business
and property: and such an admission In
wolves the further admission of incom-
petency to dispose OF It by deed Of trust or
otherwise.