New-York tribune., 1911-02-02
EDDY WILL IN COURT
Action 10 Enable Trustees to
Carry Out Its Provisions.
SECT MAY GET S1.500, 900
Executor Asks Court 10 Order
That Residuary Legacy Be
Given TO Mother" Church.

goston. Feb. IA move TO carry ont the
terms OF tho viii OF Mrs Mary Baker
clover Eddy. founder OF the Christian
Science Churcf. wSs made late today
v~ben bin in equity was filed in the SUI
prene Judicial Court Of Massachusetts
asking that the executor OF the will and
the trustees Of certain trust indeniures ex-
.-uted by Mrs. Eddy in 1907 and 1875 be in
stricted 10 turn over her real estate in
Massachusetts, 20 the directors Of the First
church of Christ, known as the Mother"
church. in Boston. the residuary leeatee
under the will. The amount OF the resicu-
rs~v legacy Is estimated at sl,SOoooO.
The bin in equity refers 20 the state Law
1tich provides that the income or the
s.fts. grants, bequests and devises made 10
~ for the uSe OF any one church shall not
exceed S2,ooo year. exclusive Of the tn
come Of any parsonage land granted to or
for the use OF the ministry. Il . stated
r. the bin also that that the real estate
referred 20 is OF large value and the in
come will exceed the sum OF s2.0o a year.
continuing. the bill Of complaint declares
-taf tho state law IL question has no ap-
,l-stion 10 the sifts made by the Viii, n
-r.t The rs,iduary clause in said will
leaves the property referred to 10 be held
r, The petitioners in trust for charitable
-r-noses. The income from which is 20 be
used practically. exclusively for more et-
.eo.-auy prouotins and extending the re-
rzion Of Christian Science as taught by
,~- ,,ai5 Mary O. Eddy).'
An answer TO the bill in equity vas filed
later bv the attorneys for the trustees, in
which the defendants admit the allegations
re The bin. including the one in which II is
stated that they profess themselves ready
and willing 10 make such conveyance II
.os same can be legally made but add
.ps+ they arc advised by counsel that as
trustees no conveyance should be made by
--em without an order Of court"
Tn. bin Is brought by stephen 4. Chase.
of FsU River. Archibald Mcclellan, Allison
~ stewart. John '. Dittemore and Adam
- p,ckev all Of Brookline. the Christian
Silence board Of directors, in charge Of the
affairs Of the First, or Mother" Church
~ Boston. and Is against Adam II. Dickey
and Archibald Mcclellan, Of Brookline,
Josiah H. Fernald. Of Concord. y. H.,
-rgs,ees under TWO certain written Indent-
ire, uf trust. and Henry NJ. Baker, Of
pou. y. r.. executor Of the last will of
Mary Baker @ Eddy.
In the oil ID equity fled az Concord
y. r.. some weeks ago, by counsel for the
sor Of Mrs. Eddy. George Washington
,i.over. 5f Lead. :. J.. and Dr.. z. J. Foster
EDDY. Of Waterbury VI, the laws OF that
state and the similar one in Massachusetts
limiting the income from church gift 10
s.u,. we're cited as rendering invalid the
resf5ua-v clause Of the will. What action
will be taken by the heirs IN view OF the
PROCEEDINGS Instituted to-day is not known
here William Z. Chandler, chief counsel
-o- me heirs. Is IL Washington.
Washington. Feb. Upon earning OF
me fling u the bill in equity IN Boston to-
Jas. former senator Chandler made tho fol-
ewing statement.
r. IS only r trick o1 tie so-cslled religion
u Christian Science 10 ge- premature
decision fl Ma-ss CnUSerts on very ldree
question which belongs 10 the state OF New
Hampshire 20 decide, namely, whether
s1H..c1u worth OF property can pass 20
-e-'r-cue society forbidden to take more
t.au $40 900 or 100000. Neither Genera!
Baker the executor, nor the courts OF
,fe=sa --.--@etts Will hasten TO assist this de-
~'ce Nj Mcclellan, Ming a bill against
sfr Mcclellan and Mr. Mcclellan admitting
-o NJ Mcclellan that tho Plaintiff has d
--oc case is & mere farce.