The Birmingham age-herald., 1911-01-13
WILL OF MRS. EDDY
 IS DECLARED VOID Contest Will Be Made By the
 Legal Heirs AGAINST THE STATUTE Laws of New Hampshire and Massa- chusetts Forbid Any Church Re-
 ceiving Over Certain Sum
 By Bequest
AGAINST THE STATUTE

Concord, N. H., January 12.-That the residuary clause in the will of Mrs. Mary Baker G. Eddy. founder of the Christian Science church. Is null and void, Is the opinion of ex-United States Senator William p. Chandler, Hannis Taylor of Washington, D. C., profess sor of constitutional and international law at George Washington university, and others, as given out for publica- ton here tonight The clause provides for a gift of about S2,000.000 to the First Church of Christ. Scientist. of Boston. known as the "Mother church." A statute of New Hampshire, prohib- iting a bequest to church of over $5ooo annually is the basis of the opip- ion which was written by Professor Taylor. Referring to the resduary clause as null and void" the opinion says:
 "As to the void gift, the testatrix died intestate and it's subject matter passed on her death to her next of kin. under the New Hampshire statute of distribution"
 In the closing paragraph the opinion advises the attorneys for the next of
 
 as they made with the testatrix and her trustees in her lifetime bind them only "to recognize as valid such pro- visions of her last will as are legally valid."
 Will to Be Probated
 "To that extent" continues the opin- ion, "you are bound and required to join with the executors in requesting the probate court of New Hampshire A~ -I> ~wxAlI Ar~ ~~t~c k~l l~~ @y-,> form in order that it's provisions may prevail 50 far as they are not forbid den 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 construe the will in order to determine whether the residuary clause Is valid or void"
 Besides former Senator Chandler and Professor Taylor. the signers of the opinion are Attorneys John W. Kel- ly of Portmouth and Dewitt c. Howe of Concord, who were associated with MT. Chandler as counsel for the next friends" and William l.. Chambers. lawyer of Washington.
 Signing of Agreement
 Mir. Chandler. in his letter to Professor Taylor, reviews the fact regarding Mrs Eddy's will and estate and the next friends suit which resulted in Mrs. Ed dy placing large sum of money in trust for her son. George w. Glover of Lead. s. D.. and his children. He then describes his signing the agreement by which the next friends suit was called and adds: 'Mr. Streeter (Gen. Frank s. Streeter of Concord), drew the agreement for my signature. When signing took 1t for granted that Mrs. Eddy would not, in giv- ing away her property, undertake to vio- late public law. If I had thought she had already done 50 by attempting to enrich a church with an endowment of s2,ooOo0o. I should not have signed"
 Late today . petition was filed in the Ter and other attorneys asking the court for construction of Mrs. Eddy's will. particularly the clause relating to the residuary estate.
 The petitions also pray for an injunc- tion against any disposition being made of the property In question pending the construction of the residuary clause. It is understood to be the plan of the at- torneys for George w. Glover and Dr, E. J. Foster Eddy, the sons of Mrs. Eddy. to try to have the question regarding the residuary legatee transferred from the superior court to the supreme court for decision. No contest in the probate court Is expected
 Statute Is Quoted
 Tn the opinion by Professor Taylor which was requested in letter written to him by MT. Chandler, the New Hamp- shire statute Is quoted as follows:
 "The income of any grant or donation made 10 or for the use of church shall not exceed 5000 year exclusive of the