The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-13

adopted son, DIR. Foster Eddy.
She would not allow them to come
into her presence under any pretext.
Before the S2,ooo,oOO estate is dis
posed of Attorney Chandler expects to
bring out unknown chapters of Mrs.
Eddy's history.
CONCORD. n, H.. Jan. 12.-Thc resid-
uary clause in the will of Mrs. Mary
Baker G. Eddy. founder of the Christian
Science church. is null and void, in the
opinion of former United States Senator
William r. Chandler Hannis Taylor.
professor OF constitutional and interna-
tional law at George Washington univer-
sity. and others. according to state
ment given out for publication tonight.
The clause in question provides for
gift of $4,000 900 TO the First Church OF
Christ. Scientist. OF Boston. known as
the Mother church"
A statute of New Hampshire. prohibit
ing Request 10 a church OF more tnan
$4,000 annually. and one OF Massachusetts
forbidding more than $4,000 annually are
the basis OF the opinion which was writ
ten by Prof Taylor. formerly minister TO
Spain. Declaring the residuary clause as
null and void the opinion says.
Declare Will Is Void.
LAS 10 the void gift the testatrix died
intesiatc and her estate passed on at her
death to her next of kin. under The New
Hampshire statute OF distribution"
In the closing paragraph, the oItnion
advises the attorneys for the next OF kin
that such agreements and contracts as
trustees In her lifetime bind them only
ito recognize as valid such provisions OF
her last will as are legally valid"
ITO that extent continues the opin-
,nY, h,,iu md tlf.aI IN, tnin ~
with the executors In requesting the pro-
bate court OF New Hampshire 10 admit
such VIII TO probate III solemn form, In
order that all its provisions may prevail
so far as they are not forbidden by law.
After YOU have so acted and per-
formed every part OF the agreement you
have entered into, 1t Will remain for the
courts Of equity. federal or state. TO con-
Struc the will. in order to determine
whether the residuary clause is valid or
void"
Besides Mr.. Chandler and Prof Tay-
| Tor. the siSners OF the opinion arc Attor-
! neys John w. Kelley of Portsmouth and
| Dewitt G. Howe OF Concord. who were
associated with Mr.. Chandler :3u, as counsel
| for the NEXT friends and William L..
Chambers. lawyer of Washington
Heirs Ask Injunction,
Mr.. Chandler explains his signature to
the agreement TO compromise the next
| friends suit by saying;
''Wben signing ! took il for granted
that Mrs EDDY would not In ,t;n,i giving g
public laws, II / had thought that she
| had already done so, by attempting to
| create church with an endowment OF
| two millions of dollars, L should not have
| signed"
Later today. a petition was filed in the
superior court here by Mr.. Chandler and
other attorneys. asking the court for II
! construction on Mrs, Fddy's Will. par
ticuarly the clause relating TO the resld-
uaIy estate,
The petitioners also pray for an in
| junction against any disposition OF the
| property question. pending the construc-
ton OF the reslduary clause IT is said
| to be the plan of the attorneys FOR George
sons of Mrs Eddy. 10 try 10 have the
| question regarding the residuary legatee
| transferred from the superior court 10
| the supreme court for decision. NO
! contest i'm the Itobatc court is expected
| Massachusetts statutes provide that po
| one shall give to q church property which
is worth more than $4,000 a year. New
Hampshire has similar laws. Comment
ing on Mrs. Eddy's will, Prof, Taylor
says:
THE testatrlx designed To create a
great and perpetual endowment for the
purpose Of promoting and extending tht
religion OF Christian Science as taught
by me- II was just such perpetual en-
dowment in the hands of d single churcf
for the propagation OF any form OF re-
lgious belief that the statutes OF New
Hampshire and Massachusetts designed tc
make impossible
Own Son Denounced,
Mr., Chandler In asking Prof. Taylor
for his legal opinion wrote as follows:
prior to the making by Mrs. Eddy
OF her will. on September H. 1901. sh,
had taken up the deluson that her son
George, had become possessed by evi
spirits under the influence OF what shI
called malicious animal magnetism ano
had become hostile TO her and she llaS
declared her intention TO disinherit hin
and she had also gone on TO conceive th,
same delusion concerning her adopted son
Continued on Page Eleven.