Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-13
Friendly Suit to Get Decision.

"Yet they are advised that the exact le
gal substance Of their agreement only re
quires them not to oppones the vesting of
title under any lawful bequest or deet
that Mrs Eddy might have made; and
that II any attempt OF hers to give away
her estate is against public and statute
law 1t must be void, so that the property
had been found in existence after hel
death. This being the legal view. it il
both their privilege and duty to bring 9
friendly law suit to obtain a decision OF
the important question by the courts. II
has taken me q long time and much ex.
animation Of statutes and legal decisions
to feel sure Of my ground.
MRS. Eddy organized the First Church,
Scientist. in Boston in 1892. by making
deed Of trust. in which she declared
chapter Of the laws Of Massachusetts,.
That very chapter declared that no one
church should receive or hold property
Of more than $1,000 income per year,
or say $4,000 In principal. Yet to that
church she deliberately undertakes by
Necessarily 1t Is null and void as to all
the two millions, except $4,000. The
New Hampshire law. re-enacted In 1901.
Is exactly the same as that OF Massachu-
sets, except that 1t allows a beouest OF
$1,000 annually. or principal of 100000.
1t equally, with Massachusetts. prohibits
such a huge gift to one church as two
million dollars. So there is no conflict
between the laws of the two states. The
law Of New Hampshire governs and
there is little danger that the state will
allow to 60 outside its borders 900
| to become the absolute property of a
legatee whom the law forbids to take 1t,
| from the estate OF person whom the
law prohibits from giving 1t.
Effect Of Favorable Decision.
cat all events, the directors OF the
mother church will welcome the institu-
ton Of the suits II because Christian
Science has its vast corps of healers Of
disease and its doctrine of NJ. A. NJ.
and possesses against all other religious
sects the gift Of working miracles. re-
discovered in 1868 and expounded and
taught by Mrs. Eddy. it Is therefore ex'
empt from the laws to which Other
churches must submit, and any one loca
Christian Science church can have q
ltwo-miI1ion fund, Christian Science car
count upon q future growth and ex'
pansion beyond all the other religion:
in the world, and will rejoice at receiv'
ing a judicial decision SO strengthening
to its power. already marvellous. While
liz the court shall happen to decide II
cannot, for the reasons l have men
toned, thus disregard the often re-en
acted ana pcTIuAHcHl poliSy uuu law VI
New England. the present friendly Law
suits must be treated a natural and vel
come method OF learning, Of respecting
and of obeying hereafter, although
religious society, the paramount law o.
America"
Unconscious Violation Of Law.
Hannis Taylor. also an attorney for thu
heirs-at-iaw, It is said. reiterates Mr.
Chandler's views on the Interpretation Of
law, and adds:
.If 80 famous a jurist as Samuel
Tilden failed to ascertain what the Law
permits, 1t Is perhaps no marvel thai
Mrs Eddy should have violated the Law
Of Massachusetts, In attempting to give
| to a single church in that state $4,000. 900
when its statutes have for century and
q half positively prohibited such a gift
| in. excess OF a sum Sufficient to produce
an income of g., 600 q year. But what /.
more remarkable still Is the fact tina,
such a gift as Mrs. Eddy has attempted
to make is expressly forbidden by thu
law Of New Hampshire, her domicile, IN
whose courts her will is filed for probate
and whose laws govern absolutely hel
testamentary capacity to make a gif,
| for such purposes"
n~;,,sou ~ uauuia Tavlor