Omaha daily bee., 1907-05-24
RUSTEEs WISH TO OFFEND SUIT
Court Directs that Arguments Be Confined
to This Point.
DEED OF TRUST is PRODUCE
Counsel for Mrs. Eddy Attack Motives
of Volunteer Next Friends of
Head of Scientist
Church.

CONCORD, N. H., May 2s.-There was
an interested crowd Of spectators, mostly
Christian Scientists, in the Merrimack
county court house today when the hour
arrived f1r the hearing of the suit brought
by the next friends of Mrs. Mary Baker
G. Eddy against Calvin A. Frye and sew
eral other Christian Scientists for an ac-
counting Of the property Of Mrs. Eddy,
leader and founder of the sect. Women
predominated in the assemblage.
Judge Chamberlain announced regarding
the motion made on Monday that he rule
on the question of Mrs. Eddys capacity,
that he would not try this main question
at this time. He said that arguments
should be confined strictly to the question
of the Intervention Of the trustees.
General Frank s. streeter of counsel for
the defense addressed the court. This suit,
he said, was brought, not by Mrs. Eddy,
but without her knowledge and against her
wishes. Three trustees appointed by Mrs.
EDDY to take charge of her property
wished to be substituted as complainants
IN this suit. They asked this as matter
OF legal right, said Mr. streeter and they
appeared in court under authority of Mrs
Eddy's trust deed
TONED.
II is admitted by both sides that there is
a genuine deed duly signed by Mrs Eddy
and recorded. JrnoSr It the trustees took
possession of Mrs. Eddy's property and
hav' since managed It.
Provisions o. the Deed.
Mr.. streete, summarized the provisions
OF the deed and its directions and reserva-
tions. He laid especial emphasis upon the
o -tions continuing Mrs. Eddys past policy
IN regard to investments, directing the
termination of the trust at the death of
Mrs. Eddy
"If this deed is Valid said Mr.. streeter,
"1ot only all Mrs. Eddy's property. but
this action as well has been transferred to
the trustees, a7d they ask that they be
allowed to carry It on. II Mrs. Eddys COM
pktency to make this deed is regarded as
l4lterial, then this question must be decided
Srat," said MFR streeter, Next friends
6slction can be brought only when the nomi-
nal complainant is unable to protect his
own interests. If the plaintiff is not thus
incapacitated then the next friends have
! no standing in court"
Mr.. Streeter quoted authority In support
OF this position and declared: 1T is en-
tlrely In the discretion of the court to de-
eide whether a noxt friend suit shall be
allowed to proceed and in deciding this
question the court shall be guided by the
best interests OF the incompetent person In
whose name the suit is brought"
a decision by Judge Putnam of the fed
eral court OF this jurisdiction was cited
upon tbs point.
'"Ahe person volunteering to bring suit
as a next friend does so at his own risk
and must be prepared to defend and vindi-
cate the necessity and propriety of the pro-
Oeeding at any time when called upon as
they are now called upon" said Mr.
E.-seter.
Mr.. Kelly of counsel for the plaintiffs In
terposed that Mr.. Streeter had not so chal.
lenged the good faith of the next friends
in any molten or answer filed by him in this
suit.
Mr.. streeter replied that he was laying
down a principle OF law applicable to this
case and quoting his legal authority.
Peril OF Next Friends Position.
ThS perils of the position of "next
friends were dealt upon by Mr.. Streeter
VIII said that he absolutely believed Mrs
gIdd. is not incompetent. If the mex
n friends were to have any standing II
court they must show her incompetent
Thee mex friends" he said, are mer
N'unteers. They stand in peril that thei
act may be found to be not in good faith
I'VE submit" said he, that this deed
being for the benefit OF US. Eddy. is vail,
without proof Of her competency to max
IL which is not material and cannot be in
Quired into by this court"
Continuing this afternoon Mr.. Streete
described Mrs. Eddy as almost So years o
age, founder OF a religion followed b,
thousands Of good and true people, VIII
was living IN peace in possession of prop
erty accumulated from her publications an
had made a win disposing Of the property
Slid he:
From the fact that only nine years ag
she had devoted almost one-half Of ne
property to the cause OF her religion It
just inference though not in proof. tina
By the terms OF her will she had devoted
considerable share OF her property to tina
religion. She had one son. an adopted sor
and other relatives. She kept herself 1
seeluson IN order to devote herself 10 he
religion. That was the situation March
when a bill in equity was brought by ceI
tain next friends"
This bill Mr., streeteF analyzed and yigoI
Ousiy attacked