Omaha daily bee., 1907-04-07
NEW BILL in EDDY CASE
Attorneys for Mex. Tr.sndso Change Flea
to Meet Few Facts
APPOINTMENT CT TRUSTEES ATTACKED
Men Placed in Charge of Estate
Arc Asked 60 Come Into Court
with Accounting of
Property.

CONCORD, n. H., April GA supple 4
mental bin In equity called forth by the re- /
cent announcement that the property Of |
Mrs. Baker G. Eddy had been transferred /
20 three trustees, was filed In the Merrick |
county court today by the original COM |
plants or next friends" in the suit for an |
accounting Of Mrs. Eddys property
The bill filed today is the answer OF the !
complalnnnts 10 the motion made by the !
defendants last Tuesday that the three
trustees Archibald Mcclellan Of Boston, |
Henry NJ. Baker and Josiah e. Fernald of
this city be substituted for the next
friends and he empowered to prosecute
the suits against the defendants in the case,
who all prominent members Of the
Christian Science church. The answer in
the form Of supplemental petition, asks
that the three trustees be added to the list
OF defendants on the ground that the
trustees are working for the same ends
as the original defendants, that Is, that
they are unduly influencing Mrs. Eddy and
managing her property to their own pur-
poses Judge Robert N. Chamberlain is
sued an order that all the defendants in
GLIDING the original defendants and their
trustees shall enter appearance in court
by April 15 TO make answer to the petition
fled today. The supplement bill also asks
that the deed OF trust be vacated on the
ground that Mrs. Eddy was not competent
to execute 1t and that II vas = device con-
trlved by the defendants to defeat the
original suit
The supplemental bill, divested Of legal
phraseology, IL as follows:
The petition Of Mary Baker Glover Eddy,
who sues by her next friends, George w.
Glover, Mary Baker Glover, George w.
Foster Eddy, against Calvin A. Frye, Al
fred Farlow, Irving G. TOrnlinson Ira o.
Knapp William b. johnson, Stephen A.
Chase, Joseph Armstrong, Edward A. Kim
ball. Hermann 8. Herring, Lewis c. Strang,
Henry NJ Baker, Archibald Mcclellan and
Allegations Of Bill.
First-The compliments say that on the
LIST day OF March, 1907, they filed their orig
inal bill OF complaint against all the above
and Fernald, and therein stated the
grounds Of their action and prayed for ap-
duly served upon the defendants
6econo-The complalnants say that after
the dling q said bill the defendants in
to Henry NJ Baker, Archibald Mcclellan
and Josiah b Fernald, and that thereupon
Becker, Mcclellan and Fernald proceeded to
Third-The complainants charge that
Baker, Mcclellan and Fernald are the agents
plsinants original bill and are subject to
the control Of said original defendants, and
are q part OF the combination to surround
and seolude the person Of Mrs. Eddy and,
In connection with the other defendants,
TO take charge Of her property and herself,
and 90 manage the same solely according to
their own pleasure, and that they have com
pletely succeeded In effecting the purpose of
rsosoS 70 Se sRS that S.y anS Rr
associates have wrongfuny misRpproprt-
ated or unlawfully diverted large sums OF
money and large amounts Of the property
Of Mrs Eddy.
Mira pAAv Not OOunafRut.
Fourth-The complainants say that Mrs,
EDDY was not competent 70 execute Sal. SAID
as set forth in the original bill In equity,
and that the same Is q device Of ell the de-
PENDANTS, contrved and carried out for the
surely to accomplish the wrongful purposes
of the aforesaid combination and to prevent
the appointment OF receiver and 10 defeat
the regular course Of the original suit.
Therefore, the plaintiffs pray;
Baker, Mcclellan and Fernaid be required
20 appear and make answer thereto, and
also required to transfer to the receiver
when appointed by the court under the
prayer for relief in the original BILL all the
property Of Mrs. Eddy taken possession OF
OF the deed signed March g. and for such
further relief as the court may deem requi-
site and Just.
Attorney Peabody Talks.
BOSTON April 6.-Fredertck w. Peabody
OF counsel for the complainants In the suit
for an accounting Of the property Of Mary
Baker Bddy. said today;
1.-THE status OF the three alleged trustees
will not be assumed. but must be proven
They are not trustees If the instrumen
upon which they rely is invalid, and the va
lidity OF the instrument can be determined
only by a judicial determination through
examination Of the person who made Il.
1.-THE attempted creation Of the trust is al
admission OF the incompetency OF Mrs
EDDY personally to administer her cuisines
and property, and such an admission In
wolves the further admission OF incomp
Stsnoy TO dispose OF It by deed OF trust o
otherwise.
II am confident we shall have no dim
Guilty in having the alleged trust instru
ment invalidated because Of Mrs. Eddy
condition OF mental unsoundness"