Omaha daily bee., 1907-08-22
Legal Contest for Accounting OF
Woman's Estate Ends.
JExT FRIENDS GIVE UP FIGHT
Announcement is Made by Former
Senator Chandler.
IMMEDIATE RESULTS NOT LIKELY
Issue as Now Framed Would Not
Profit Plaintiff.
DEFENSE OBJECTS TO DISMISSAL
IL wishes Hearing Continued Until
Masters Can Make Decision on
Mental Competency OF
Mrs. Eddy.

Masters Can Make Decision ON
Mental Competency OF
Mrs. Eddy.
CONCORD, n. H., Aug. I.-The famous
suit in equity brought on March l last by
George W. Glover, son OF Mrs Mary Baker
G. Eddy, and others next friends"
against Calvin s. Frye and others. for ar
accounting OF the property OF the aged
head of the Christian Science church came
TO an abrupt end today. Immediately
after the opening OF court in the continued
hearing regarding Mrs. Eddy's competency
before Judge Aldrich and his co-masters
William f.. Chandler, senior counsel for
the next friends, announced having filed a
motion for dismissal of the suit. He said
that there were many reasons for this
action hut the principal one was the
unprofltableness Of any Immediate result
of decision IN our favor upon the exact
issue as now framed, compared with the
burdens and disadvantages to be endured
by us, both before and after such a de-
cision."
Reasons for Diminishing Case.
This was the second day of the second
week of the masters hearing upon the
competency OF Mrs. Eddy. Upon the
masters taking their seats. William u.
Chandler, senior counsel for the next
friends, addressed the court, saying:
May 1t Please the Court: 1t will doubt
/ less be a relief to the masters to be in
! formed that the counsel for the next
friends have this day filed with the CLERK
of the court a motion for the dismissal OF
the pending suit and that they hereby
withdraw their appearance before tie
masters without asking from them any
nnding upon the question submitted 70
many reasons for this action. The prin-
cipal one arises from consideration OF the
unproitableness OF any immediate result
issue as now framed, compared with the
burdens and disadvantages to be endured
by us, both before and after such a de-
cision Tho suit has heen almost wholly
altruistic In its nature and not stn9le
dollar of the large fortune whose existence
/ Is disclosed. or which might be enlarsed
! In consequence of this suit, can become at
this time the property OF the next friends.
There are also reasons, sentimental In
: their character, overcoming the strong de-
4 sire OF the next friends to prove the facts
/ and vindicate the reasons upon wh'ch the
suit has been based-which. however. Is
now hereby dismissed.
Mr.. Chandler then formally presented q
motion for the dis-iissai OF the suit.
Mr. Streeter counsel for Mrs Eddy. In
her behalf, at once presented motion that
the masters proceed with the hearing and
determine her competency to manage her
business affairs.
"If we are allowed to proceed" said
Mr. Streeter, 1--WE should show how that
on February q, 1907, Mrs. Eddy began to
arrange for the management Of her prop
erty"
"she planned its disposal for the rest Of
her life and to provide for her kindred dur
! ing that time"
Attributes Suit TO Newspaper.
Mr. streeter reviewed the institution and
progress of the accounting suit, which he
characterized as primarily an assault by =
great newspaper upon great religions
religion which it's founder had designed to
promote after her death by the use Of a
large part of her fortune. He continued:
! Not one word OF testimony has been In
, troduced to show that one dollar Of her
money has ever been misappropriated; The
charge of her incompetency has completely
| that the next friends will abandon this suit
| for the purpose of awaiting Mrs. Eddy q
death and then contsstins her @ viii. Mrs: M
competency upon the case as 1t now stands
or upon such further evidence as she may
introduce.
a finding to that effect. Judge Aldrich said
the issue submitted to them was purely q
property question. He continued:
The next friends having withdrawn from
this hearing and announced that they will
! withdraw the suit from the superior court,
there is nothing left for us to hear. and ws
do not think We should be justified n
going forward with an exparte hearing.
We shall make report to Judge Cham
berlain, containing all the evidence and the
happenings OF today. In case we are IN
error in respect to the effect of next
friends withdrawal, Judge Chamberlain
can direct us TO resume the hearing.
! Without such order we do not think wa
should be justified in going forward with
this hearing.
In reply to a question by Judge Aldrich
Mr.. streeter said he would take exception
to this ruling
Says Suit II Gigantic Farce.
Albert Barlow, one OF the defendants
gave out statement characterising the
suit as gigantic farce, an effort to annoy
and discredit Mrs, Eddy and stigmatize
the religion Of which she is the founder
The Christian Science publication commit.
tee made public a statement from Dr
Allen McLane Hamilton of New York
alienist. who. at the request OF counsel
examined Mrs. Eddy recently. in which
DR.. Hamilton said OF Mrs. Eddy:
! am firraly of the opinion that she II
competent TO take care of herself and
manage her affairs. and that she is moi
pear as il she takes the Initiative SSIa upon al al
occasions
Today's proceedings end the case a
far the masters are concerned unless
the superior court shall order further
hearings. Il remains for Judge Chamber
lain Of the superior court to grant the mo,
tion filed for dismissaI OF the origina