The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-01-13

George W Glover and'Dr z. j. Foster.
Mr.. Chandler continues:
Il did not see Mrs. Eddy nor any writing
signed by her; saw nothing but the money
that was paid over to me by her trustees.
"The questions discussed by the counsel
for the contracting parties in addition
10 that Of the amount of money to ~" pa'o
to the SONS by Mrs Eddy were whether
they would toe able in "A contest against
whatever will or conveyance of her prop
erty she might make TO show that she
was mentally Incompetent. oppressed
by delusions concerning them ana uhder
undue or evil influence from persons
surrounding her. The object sought
by the agreement was to prevent any
controversy AT any time on these points.
u knew nothing and was told nothing
of the contents OF any Will except that
there were heuuasts to MIR Glover and Or.
Foster Eddy. amounting together TO less
than s2oOpD. which Mr. Baker at first
said he was willing 10 have go to them
in addition To the amounts agreed upon.
but later, before the agreement was con-
cluded he said he had changed his mind
There was no conversation over the ques-
ton what she might conclude to do with
her property
MIR Streeter drew the agreement for
my tiHna,ure Wh'i S'Sn'hE toon !, iol "
eiahoeu ,..a' n' ' ',, ou ' ,io. ~ III
violate the public law. If | had thought
that she had already done 80 by attempt
man, n, a. ooo ooo / shouid not hnv.
signed"
The opinion signed bv HanniS Taylor.
William l. Chambers. William T. Chand-
Ter, John W Kelley and DE Witt {. Howe
is in part as follows,
was II iegaHy posslote LOT 'ne 1eS
.a,IlN' "hlle uo'.i.V',eu vi "" ha.'lI
o,it, w p'riu.aui pt ~, W. Sn.t,,
t;st i, p,,s,,, ,,rsnroI " ,,rn,,r,w s,,uat sd
IN Na,, Ill.,. bir, 81 Ne ,,ab,, ~ ahor,
60 ooo 600 desnita n statute law nf th1t
State which declares that.
Th, iu,,,,, ~ ,uv y,an, or d,r,,io,
made ,o ~, ,or ,bo ,,s. nr n ,hur,L .h,I
No, o,cood a. nnn d, ,.,,, ox,.l,,.i,, ~, tb,
income or any ,arson,r. lands yr,nt.,
TO or for the Use of the ministry.
-Tba Iaws of Nassacbus.,,. aunct.c
90 aa,r, Az, ~. ;nax1r,I,i, ro,inraI do
tar,,;na,;o,, ,,a,. lao raaardad as ,vn;cal
II hnr pn,.;sad .,,,. of ,ono cLnntar a.
an.itiad oy donations and cnnyrvanc.,
for ,,ious and .Lnritahl. ,.as tho fol
lowing provision reproducing the Eng
lish system of holding church property
occurs:
Tho incoue Of fine Gifts grants hsauest
and devise. made 70 or for the use of an,
ono church shall not exc,sd a. 900 a Won
exclusive of the income of any parsonag
land granted ,o or for th, use of ia, min
istrv
-I7nder cbantar AZ section 4, of IN,
Same revision of MASSACHUSETTS, law
Of Ioo, ,yharein certain officers of Roman
Catholic na-ishas ave authorized 10 he
come n CORPORATION occurs TN. following
..
ouVh COZ po'"' 'oi'S may I''''N'' 'o'u nh'
MANAGE an fea' ana PERSONA pfoperU
belonging TO snch chnrch, may sen an
convey IN" same. ana may holo III fhs
gifts. grants. requests or defi>e- 10 su'l
church for the support Of public WORSHIP
and for other religious purposes. bat all IN
property belonging 10 any one churcl
or parish and held by such corporation sha
never exceed 500 600 exclusive oi tn
church buildings
.Tl ,,,..,, 80, ,h;, N,,,,o,,,,,a.,
.,, ~ 80 ,,,,,,.1i,'i N, T.; ,h,' " '
s.a,u,y s " maS p'h -, o'u i;,, ni tnose y
go, i ,b, ,',,,'I;, s,a,,,,as ,nd 80; !,
laws "i Ne" hatlPshle III iorce Jahu
l. 1871 'I' io''o"HlS Pro'iSio' oc
ours
Section 3-li donation, cift or grant b
: made 10 any unincorporated religion
society such society shall be a corporatio
30 FAR as may be necessary 10 take. hole
manage and use the donation, Qift or gran,
but the income of the donations. gift q
grants 10 anv such incorporat.d religion
soc,s,v shall NOT exceed tho sum of a. oo
,.o.r
IL Is olincuit 10 uhde.s'ah now all.
one could nave una Sined IN the presehc
OF the positive prohlpitiohs OF such star
utes that teStatrlN do'nlci!en IN New
Hampshire ana soEerheu by It's law
could give ny VIII 10 single rhurch' u
MASSACHUSETTS governed oF lts laws
singie bequest OF nearly s2.Wn'Voo' sur
nearly twenty times Ms great as that per
mitted as glit TO any one church by tn
laws OF New hampshire
AS mat state was the dothtciie Oh IN
testatriN its law determines ~ the mrs
instance her capacity 70 give ny VIII I
particular purpose AS the statutes G
New Hampshire positively forbade TN
testatrix to make so large elit 10 sing
church II Is, OF course Noid ne righ
enforce IL belongs 10 Ne" ha'npshlr
alone.
Moreover. the bequest was nc
VOID Tor lack OF power IN 'he ,estatriS
make H. stiii II wo'iid he Void by reaso
OF the lack Oh power on tne part OF IN
legatee. Massachisetts corporation. I
take u. Inc MASSACHUSETTS sta,"te.
much more severe 'han that OF Ne'
Hampshire.
III u ne true that the testatriS ma
defed the law OF New Hampshire b
attempting 10 give 10 siiiele churc