The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-24
Trustees Move to Be Sub
stituted For Next
Friends asPlaintiffs.
COUNSEL ASSERTS
TRUST DEED VALID
To Make Deed Invalid, General
Strccter Declared 'Ncxt
Friends Must Prove That
Head Of Church Is In
capable Of Trans
ferring Property.

CONCORD. N. H., May 23.-Follow-
ing several skirmishes. the first legal
battle fought about the person of Mrs.
Mary Baker G. Eddy, leader Of the
Christian Science denomination, In con-
ncction with the suit in equity seeking
an accounting of her property, was
opened in the Mcrrimack county Supe-
ror Court here to-day. The original
suit, brought by Mrs. Eddy's son.,
George w. Glover, OF Lead, S. D.; his
daughter, Mary Baker Glover, and
George w. Baker, of Bangor, Me- a
nephew Of Mrs. Eddy, was brought In
the name Of the Christian Science lead
er By her three relatives, acting as
next friends" and was directed
against Calvin A. Frye, Mrs. Eddy's
secretary, and several other leaders of
| the Christian Science Church, asking
for an accounting of Mrs. Eddy's prop
erty, which the next friends alleged
was being misapplied by the defen-
dants.
These became complicated when
three trustees. Henry M. Baker, Archi-
4 bald Mcclellan and Josiah E. Fernald,
were appointed by Mrs. Eddy and were
empowered by trust deed executed
by her to manage her property. The
trustees then petltioned the court to
be substituted for the next friends,
4 as plaintiifs In the suit in equity to se-
cure an accounting of Mrs Eddy's
property. Following this the original
plaintiffs petitioned the court to in
clude the trustees as defendants in the
original suit.
To-day's hearing was upon the mo-
tion OF the trustees that they be sub
4 stituted for the:"next friends. as plain.
tits In the suit against Frye and other
Frye Not Present.
I. Nearly all Of the ten defendants wer
IN court when the hearing opened, al
though Frye. the principal defcndan
dld not appear. Among the prominen
spectators was Judge William, {
prominent members OF the Christia,
+ Science denomination
J General Frank S. streeter. Of thi
J: city, chief counsel for the defendants
proceedings. His argument was de
, voted principally to the contention tha
in order to prevent tho trustees being
substituted for next friends" as plain
tiffs ins the original suit, the mex
friends" must prove Mrs. Eddy's incom
potency to execute the trust deed civ
, ing her trustees power to act for her
General Street claimed that it was tn
legal right of the trustees to prosecut
: tho suit against the ten defendants.
!, He submitted the trust deed to tn!
court and asserted that 1t was valid
To make It invalid, he claimed, th'
next friends" must prove Mrs. Edd!
7 incapable Of making the transfer o
: her property to the trustees. If tn
) deed is valid. he said, not only all o
, Mrs. Eddy's property has been trans
t ferred. but the right to prosecute tn
suit passed to the trustees. and t
/, ask to be allowed to carry it on. 1
Mrs. Eddy's competency to make tn
, deed is regarded rs material. then tn
/, question of competency must be decide
) first
Judge Chamberlin announced at tn
: outset of the hearing that the pro
ceedings should be confined strictly t
: the question Of the Intervention OF tn
> trustees as plaintiffs. He said that h
would not consider Mrs. Eddy's com
potency at this time.
, Tho hearing will be resumed to-mor
:. row