The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-27
EDDY HEIRS MAY
DEFEAT CHURCH
State Law Limits Bequests to
Religious Organizations to
$4,000 Income.

Boston, December 26.-Thc Chrlstia,
Science authorities here are prepared
they say, to resist any attempt {.
break Mrs, Eddys will, based on tn,
ground that by Section of Chapter g.
4 Of the Massachusetts, statute bequest:
!, to a church are limited In amount SC
that the income of such requests shall
not exceed $4,000 year
1t is stated that the cause of the
Christian Science Church will be based
on Section l of Chapter 81 of the re-
vised laws, which says that deacons
wardens or other officers have right
to hold property.
THE question raised by this much
discussed section has been carefully
studied" said one in authority, land
we find there Is no penalty attached
to it, and there is no provision that
the bequest should be void IL excess
sive.
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 ques-
ton or objection to the right to hold.
No Decision in state.
There has been no decision in this
State under section ., 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
income exceeds $4,000 year.
In a decision by the Chief Justice
(Mass., 1910 this statement is found:
I'VE have never had in Massachu-
sctts any legislation prohibiting char
liable gifts to trustees or corporations
or providing any kind of conveyance or
bequest 10 corporations shall be void"
If section is held good, it is claimed
that the heirs-at-law may have the
Request set aside unless there Is
corporate body specifically authorized
By law TO hold larger amount than
that mentioned by the statute. The
Importance TO the heirs-at law In this
line of attack on the bequest. If II
should be adopted, is that, 1t is claim
ed, 1t would not In any way imperil
their rights under the trust deed which
provides that they should lose their
interest II they contested the will.
The point of the situation is said to |
De that the legal question regarding
The capacity of the First Church to |
AXE the bequest would be raised In |
he law courts and that no direct at
ack need to be made on the will it
ielf.
The net result, however, would be
hat il it should be declared that the
first Church of Christ. Scientist, could
lot take the property It would in
'Sitably go to the heirs-at-law
Church Not Incorporated.
II is admitted that the church ifs
lot incorporated in regular form. but
10 question has ever been raised as
o the right of the board OF directors
Q hold property and It is anticipated
" many that the fight, should there
'e one, will centre around the inter-
rotation OF the various sections of
hapter 81. which deals with dona-
ions and conveyances for religious
nd charitable uses. Section pro-
ides that the deacons, wardens or
unfair officers of churches or religious
ocieties shall, If citizens of this Com
lonwealth, be deemed bodies corporate
or the purpose OF taking and holding
4 succession all gifts, grants, be-
uests and devices of real and per-
onal estate. either to them and their
uccessors. or to their respective
hurches, If Incorporated, or to the
DOR of their churches