Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-24
IT is ALSO AGAINST Her WISHES.
Prolonged Hearing, Considerable Evidence,
Much Argument and Judge Chamber
lain Listens Patiently.

sudden indispCsition of Judge Robert
n. Chamberlain of Berlin. the presid-
ing justice at this term of court.
Upon Mondays motion to rule out
the question OF Mrs. Eddy's capacity,
the court said that he would not try
this main question at this time and
that arguments should be confined
strictly to the question of the inter-
vention Of the trustees as plaintiffs.
The attendance was not large at the
hour set for the opening of court, but
among those present was Judge Syl-
vester Dana, 80 years of age, the Mes
tor of the New Hampshire bar.
Promptly at II o'clock, Judge Cham
berlain made his appearance upon the
bench. looking little the worse for his
illness.
Frank S. Streeter. of counsel for the
defence. addressed the court, but John
w. Kelley, of plaintiffs counsel inter-
posed ana there was a brief conference
as to the mode of procedure.
Mr. Streeter then went on to say that
this suit was brought, not by Mrs.
Eddy. but without her knowledge and
against her wishes. These trustees
appointed by her to take charge of her
property ask to be substituted as plain
tiffs in this suit. They ask this as
matter of legal right. They appear
here under the authority of Mrs. Eddy's
trust deed. (Which was submitted at
this point by Mr. Stroctcr).
1t is admitted that this is a genuine
deed. duly signed b. Mrs. Eddy and
recorded. Under il the trustees took
- nd
have since managed it.
Mr.. Streoter summarized the provi-
sions of the deed, and its directions and
reservations. He laid especial en-
phasis upon the sections continuing
Mrs. Eddy's past policy in regard to
investments; directing the termination
of the trust at the death of Mrs. Eddy
and appointing the trustees as her at
torneys in fact.
If this deed il valid. said Mr.. Street
er. rot only Mrs. Eddy's property, but
this ac' ion as we'll has been transferred
t. the trustees and that they shall be
allowed to carry it or. If Mrs. Eddy's
competency to make this deed is re-
EarCled as material then this question
must be decided first, said Mr.. Street
or.
why" asked Judge Chamberlain.
Il will explain to Your Honor, re-
piled MIR Strceter, and went on to say
that any person Of sound mind has an
inalenable right TO bring his own ac-
lions at law. Next friends actions
can lie brought only when the nominel
plaintiff is unable to protect his own
interests That is a fundamental prin-
cipai. If the plaintiff is not thus in
capacitatcG then the next friends
have no standing in court.
Mr. Streetcr quoted authorities in
support of this position.
The historical development of the
next friend" principle was outlined.
Authorities from Massachusetts,
Maine, Vermont, Connecticut Virginia,
North Carolina. Nebraska and other
Jurisdictions were quoted.
Points brought out included the sta
tus of next friends the right of the
court to control the term of next
friends" to regulate proceedings
brought by such plaintiffs; to displace
such plaintiffs upon cause shown and
to appoint others il necessary; and to
guard against "veXatious litigation by
irresponsible parties" by dismissing
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