Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-26
HEIRS OF MRS. EDDY
MAY FRUSTRATE Church
State Law Limits Bequests to
Religious Organizations
to $1,000 Income.

BOSTON. December 26.-The Christian
Science authorities here are prepared.
they say. to resist any attempt to break
Mrs. Eddy's will. based on the ground
that by section of chapter 81 of the
Massachusetts, statute requests to a
church are limited in amount so that the
income of such requests shall not exceed
5000 a year
1t rs stated that the cause OF the
Christian Science Church will be based
on section l Of chapter 81 Of the revised
laws which says that deacons, wardens
or other officers have a right to hold
property.
The question raised by this much-dis-
cussed section has been carefully stud
led said one in authority, '.and we find
there is no penalty attached to it, and
there is no provision that the oequest
should be void if excessive.
There have been numerous convey
ances to the directors and some from
them, and these conveyances have been
passed on by the best conveyancers in
the city, and there has been no question
or objection to the right to hold.
No Decision in State.
There has been no decision in this
state under section 8. and there is no
penalty provided if the church receives
more than the sum specified in section o.
1t will be urged by the Scientists that
many churches get requests whose in
come exceeds $1,000 a year.
In a decision by the chief justice Mass,
19D this statement is found:
I'VE have never had in Massachusetts,
any legislation prohibiting charitable gifts
to trustees or corporations or providing
any kind of conveyance or bequest to
corporations shall be void
If section is held good. it is claimed
that the heirs-at-law may have the be-
quest set aside unless there is a corporate
body specifically authorized by law to
hold larger amount than that men
the heirs-at-law in this line Of attack
on the bequest, IL it should be adopted,
is that, it is claimed, it would not In any
way imperil their rights under the trust
deed which provides that they should lose
their interest If they contested the will.
The point Of the situation Is said to be
that the legal question regarding the ca
pacity OF the First Church to take the
bequest would be raised in the law courts
and that no direct attack need to be
made on the will itself.
The net result, however, would be that
if it should be declared that the First
Church of Christ, Scientist. could not
take the property. it would inevitably go
Church Not Incorporated.
1t is admitted that the church is not
Incorporated in regular form, but no
question has ever been raised as to the
right of the board of directors to hold
property, ana it is anticipated by many
that the fight, should there be one, will
center around the Interpretation of the
90 .1,4 Id.
deals with donations and conveyances for
religious and charitable uses. Section
provides that the deacons, wardens or
similar officers of churches or religious
societies shall If citizens of this COM
mOnwcalth, he deemed bodies corporate
for the purpose OF taking and holding in
succession all gifts, grants, requests and
devices of real and personal estate, either
to them and their SUCCESSORS, or to their
respective churches if incorporated, or to
the poor of their churches