New-York tribune., 1907-06-06
POINT FOR EDDY KIN.
Trustees Can't Be Plaintiffs in
Nert Friends Place

Co'coro' n H., June 5-The petition of the three
trustees to whom Mrs Mary Baker Eddy had
transferred her property. asking that thew he sub
s'lOutea as plaintiffs in place of next friends" in
the suit for an accounting Of Mrs Eddv's nroper+v
was denied to-day by Judge Robert n Chamberln
- me Merrimack Superior Court The trustees
arc t1ehrY NJ Baker. OF Bow: Josiah e Fernald
Dt concord, and Archibald Mcclellan Of Boston
me next friends George w Glover of Lead
>. y, son of Mrs. Eddy Miss Mary Baker Glover
MS daughter; DIR. J. Foster Eddy of Waterbury
=, az ADOPTED son. and George Baker Of Bangor
ana Fred ". Baker, OF EPSON \ II cousins
The suit is for an accounting Of yrs Ed,5,-.s 80
cry which ii is alleged is under control of Calvin
- RYE Mrs Eddy's secretary and other Christian,
T,''il'e leaders who are named as defendants
Inc question cf Mrs Eddy's physical and mental
condition figures in the action
lo-cays decision in favor OF the rext friends
VINO opposed The petition the trustees be sub
s1''u'eu as plaintiffs long hearing was held on
me question two weeks ago at which General
Frank S, StTecter, OF Concord argued for the trus
tees that they should be substituted because tho
o'iSlhai plaintiffs We're hostile Mrs Eddy and
a. ne aI!esed We're not acting in good faith. VIII
lam z. Chandler. ex-United States Senator and
senior counsel for the plaintiffs opposed the nett
uon on the grounds that the trust deed was ex
eouled 10 avoid the suit ard that 1t was void owing
10 MRS Eddys alleged ncompetency to make it.
lIliS IS the hrst decision in connection with the
case. which. by action of counsel In fling various
"otions. petitions and affidavits presents many
phases. '-''
Within few hours after Judge Chamberlin's Ce-
clslon mad been announced counsel for the next
IIiehds caused summonses to be served on Calvin
"A fTye, Hermann S Herring and Irving b. Tom
hnson' three of the defendants 10 the original
sult requiring them give their deposi;ios in mo
equity proceedings for an accounting of Mrs Eddys
property summons for Lewis c StranR former
~ MIS- hddys assistant secretary could not be
served on account Of his absence from the citv
Inc summonses are returnable Monday, July /
Messrs- Streeter and Hollis fled late this after
fIEn mot
and the other as solicitors for Mrs Eddy. The first
motion relates to the motion on which a decision
was given to-day for leave of the trustees to inter
Ne,e ana De substituted as plaintiffs in the original
suit The new motion is follows:
., Narlous questions Of fact and of law sunnor,inp
the motion having been submitted TO the Court az
tsg icing. and the motion having this day been
Ihe trustees respectfully request another move,
.F4ITst-That such decision be given in writing
Upon whG @ te faefs oT6 found and The the rulings Of law
Second-That the court will state the evidence
uESb Tbjs "nof Tdoo any findings Of facts are based
AiFGhi6aId igi1 Mcclellan and Josiah E Fernaid by
The other motion was fled in the name of Mr.
Gdqy IN the main suit of Eddy egt Frye and is
immediate Investigation Of the quotations bereh, h
raised. and for a speedy decision Of the question
tained by the alleged next friends ''''''-
sorig Juqge Chamberlin tonight fixes the time for
O'Clock next Monday morning
an IN orlllaI conference with counsel repre-
sentng both sides, the judge said that II was his
opinion that the competency Of Mrs Eddy should
be determined Immediately and in advance OF any
other action. Mr.. Streeter repeated his invita-
ton given at the time he made his argument on
the motion to intervene. asking the Judge to 20
TO Mrs Eddy,s house and talk with her personally
but Judge Chamberlin remarked that he did not
consider this the proper method of procedure
Judge chamberlin intimated that he would prob
ably order trial Of Mrs. Eddy's competency be-
fore master, but this matter well as others
will be finally determined after the arguments on
the motions next Monday.
Boston. June 5.-Frederick W Pea body Of this
city one OF the counsel for the friends in
the suit 10 secure accounting OF Mrs Eddy's
property. said to-day that the decision Of Judge
Chambern the petition Of the trustees FOR leave
to intervene surprise to him.
We confidently expected TO win the decision
said Mr. Peabody. and we will now proceed 10
take dispositions the whole case This We will
do at The first thing to be determined is fbe
mental condition OF Mrs. Eddy. and our first move
will be in that direction"