New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-12
FILE EDDY EXCEPTIONS.
Case Expected to 30 to Ne7c Ham p
shire Supreme Court on These.

Concord. y. H.. July IA long list Of exCep-
tons 10 the rulings ~ Judge Chamberlin. Of
the Superior Court. in the suit for an accounting
Of the property Of Mrs. Mary Baker c. Eddy.
the Christian Science leader was hled with the
clerk ~ the Superior Court here late to-day by
Streeter & Hollis attorneys for Mrs. Eddy and
for Henry NJ Baker. Archibald Mcclellan and
Josiah F. Fernald. tho three trustees named by
Mrs Eddy 10 care for her property. II Is
expected that eventually the case win go 10 the
Supreme Court Of New Hampshire on these
exceptions.
Tie exceptions taken hy counsel in behalf ~
Mrs. Eddy are in part as follows:
To the appointment as co-master with the Hon.
Edgar Aidrich Of Or George + Jelly, Of Boston,
and DIR G. Alden Blumer of Providence. who
shown by the record 10 he expert aenists. for the
following reasons. among others:
Ftrst-Because the said Drs. Jelly and Blumer
are not residents Of the State OF New Hampshire,
and their appointment and is contrary to tho
provisions cf the constitution and laws OF this
state and the established practice Of equity
Second-Because. as shown by the commission. by
the correspondence on file between Judge Cham
berlin and the Hon Edgar AIircn. and by the
acceptance OF Or. Jelly file IN connection with
said appointment Drs, Jelly and RIumcr are au-
thorzed and expected 70 render a decision not
predicnted wholly upon the evidence submitted to
them by the parties. but based In part at least.
upon their technical skin ana Knowledge and their
preconcetNed opinions as expert alienists
Third-Bocause said DIS. Jelly and Blumer are
not legally qualified or legally competent 10 act
either q g masters referees this
Also the said order Of June q which in effect
constitutes the said Adrch. Jelly and Bumer
referees she not having consented thereto.
denial by the court of her motion filed June s. 1907
that the court sitting chancellor in equity
should immediately investigate, consider and de
termine the following questions
Whether her property interests have been and
now fully protected.
Whether there is any occasion for having these
proceedings maintained in her behalf 10y the next
friends, called
Whether these proceedings were brought and are
bonE maintained by said friends for her bene-
nj and IN 6ood faith.
That her legal ana equitable rights a citizen
/ Of New Hampshire may IN al respects So far as
these proceedings are concerned he established
and determined without further delay.
That the relations Of said alleged next friends
to these proceedings may he suspended by order
of tho chancellor until the questions hereby raised
may be investigated and determined by the chan
cellor.
Said Mary Baker c. Eddy does not waive but
hereby reserves the right to urge further reasons
in the Supreme Court in support of the foregoing
exceptions
Exceptions were also filed to-day In behalf OF
the trustees, follows
TO the denial Of their motion. dIad April . 1907
tiGs '''''' ~ '''''' '' '' -'''''e' &c '''''''-
To the ruling and finding TINT the only legal ques-
ton raised by said notice whether the deed
power of attorney dated March 6. 1907. from
Mrs. Mary Baker g. Eddy To said trustees con-
veyed the canse "f action alleged ny the next
friends against Frye ct al TO the said trustees,
that said trustees are entitled matter of right
to he substituted for said next friends.
TO the ruling that the execution delivery and ac-
ceptance Of said decd of March s. 1907, did not
legally have the effect Of transferring the cause
of action affirmed 10 said trustees.
To the finding Of the fact that Justice did not
require such substitution (namey, the substitu-
ton of said trustees as p!antfsl. said finding
being immaterial upon the question properly before
the court and not supporting the order denying
said motion.
To the failure and refusal of the court to pass
and following of fact
upon which counsel for the trustees specifically
requested findings
First~That the trust deed a reasonable and
At act.
Second-That It effeotually conserved Mrs Eddys
property.
Third-That Mrs Eddy intelgently desired TO
execute il.
Fourth-That its execution contributes to her
peace of mind.
Fifth-That 1t does not affect or impair any ex-
isting legal rights OF the next friends or their
counsel.