Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-24

Concord. n. H, May 23.-FollOWing
several skirmishes during the past two
months, in which motions, counter
motions, petitions and aftidavits have
figured to such an extent that an APP
parently simple case has become great
ly complicated, the first legal battle
fought about the person of Mrs. Mary
Baker G. Eddy, founder and leader OF
the Christian Science denomination, in
connection with the suit in equity, was
ing an accounting of her property. was
opened in the Merrimack county Supe-
rior court here today.
The original suit, brought by Mrs.
Eddys son, George w. Glover of Lead,
s. D., his daughter, Mary Baker GLOW
err. and George w. Baker Of Bangor,
Ne, the last named q nephew Of Mrs.
Eddy, was brought in the name of the
Christian Science leader by her three
relatives, acting as next friends and
was directed against Calvin A. Frye,
Mrs. Eddy's secretary, and several 9TH
er prominent leaders of the Christian
counting of Mrs. Eddy's property,
which the "next friends alleged was
being misappled by the defendants.
IOnlDllcdllOIS commenced NIlSH lllc
three trustees, Henry NJ. Baker, Archi-
bald Mcclellan and Joseph f. Fernald,
were appointed by Mrs. Eddy and were
empowered by a trust deed executed by
her to manage hCl property. The truS-
tees then petitioned the court TO be sub
stituted for the next friends" rs plain
tiffs in the suit in equity to secure an
accounting Of Mrs. EdGy's property.
Following this the original plaintiffs
petitinned the court to include the trus-
toes as defendants in the original suit.
TOday's hearing. which was original
ly set for Monday and was postponed
until today on account Of the illness OF
Judge Robert \. Chamberlain, was up
on the motion of trustees, that they be
substituted for the next friends as
Plaintiffs in the suit against Frye and
other defendants.
When the hearing opened at II
o'clock the court room was flied with
an inter, sting thrGng. Christian Scien
lists predominated. Nearly all of the
10 defendants to the suit were in court
when the hearing opened although
FRYE the principal defendant, did not
appear. General Frank Streeter of this
city chief counsel for the defendant.
occupied the floor throughout today's
proceedings. His argument was devOt-
err principally to the contention that in
order to prevent the trustees being sub
stituted for "next friend" as plaintiffs
i'll the original suit, the next friends
must prove Mrs. Eddy's incOmpetency
to execute the trust deed giving her
trustees power to act for her General
Streeter claimed that it was the legal
right Of the trustees to prosecute the
suit against the 10 defendants
He submitted the trust deed to the
court, and asserted that it was valid
To make it invalid. he claimed. the
next friends" must prove Mrs. Eddy
incapable of making the transfer Of her
property to the trustees. If the deed is
valid, he said. not only all of Mrs Ed
dy's property mas been transferred but
the right to prosecute the suit passed
to the trustees. and they ask to be al
lowed to carry it on. If Mrs. Eddy's
competency to make the deed is re-
gardc1 as material, then the question
of competency must be decided first.
General Strecter then discussed the
rights and functions of next friends"
contending that they can act only when
the person IS incompetent ana that in
order 10 act as next friends" it is
necessary for them to prove incom-
potency.
During his argument. Gen. Streeter
referred to the fact that the suit was
unauthorized by Mrs. Eddy and was
brought without her knowledge or con-
sent. ana against her wishes
Judge Chamberlain announced at the
outset of the hearing that the proceed
ings should be confined strictly to the
question of the Intervention Of the trus-
tees as plaintiffs. Regarding the mo-
ton made Monday. he said that he
wOuId not consider Mrs. Eddy's com
potency at this time.