Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-01-13


| lions of dollars to the First Church
of Christ, Scientist, Boston,.
Details OF this residuary clause are
then recitcd, ard the document con-
| tinues: Was it legally possible for
| the tostatrX While domicied in New
Hampshire. to bequeath and devise
| by will to a single church The First
| Church of Christ, Scientist. in Bos-
| ton, Mass, personal property situated
| in New Hampshire of the value of
| 100000. despite a statute law OF
| that state which Declares The in
| come of any grant or donation made
| TO or for the use of a church shall
not exceed $500 a year. exclusive of
the income If any parsonage land
granted to or for the use of the min
| istry.'
Then is given Il resume of the move
| ment in England to strip the Church
Of England OF its vast endownmcnts
and of the accomplishments of this
movement. The adoption by the dis
| senting religious societies was settled
| N New England of the laws which
| deprived the English church of Its
| former power is detailed and colnpar-
! ison is made between the statutes OF
| Massachusetts and thus formed and
| those OF New Hampshire which are
| largely reproduced from the Massa-
cnuscfts laws. II is difficult TO I'm"
derstan6 how any Ole could have I'm
ag1ned in the presence of the positive
prohibitions OF such statutes. that
tnstatrix domiciled in New Hampshire,
and governed by its laws. could give
by Will to Il single church in Massa-
l chusetts governed by its laws, sin
gle bequest of nearly $1,000. 000-a sum
nearly % times as great as that per-
mitted as a gift TO any one church
by the laws OF New Hampshire. As
that state was the domicile Of the
testatriy. its Law determines, in the
first instance, her capacity to give by
will TO a particular purpose. AS tn"
statues of New Hampshire positively
forbade the testatriX to make so large
a gift to a single church, it is OF course
void The right t. make such statute
and t. enforce it belongs to Ne"
Hampshire alone.
Moreover if the bequest was not velo
| for lack OF power in the testatrN TO
| make it. still it would be void by reason
| of the lack of power on the part OF inc
legatee, Massachusetts corporatoh' 10
make The Massachusetts statute Is
much more severe than that of New
| HAMPSHIRE 1t expressly provides that
| the income of the gifts, grants, be-
| quests and devices made to or for the use
of any one church shall not exceed Sso
| n wear. exclusive of the income of any
parsonage land granted to or for the use
of the ministry" while that of New
Hampshire permits a gift to any one
church the income OF which shall not eX-
| coed 5000 a year"
The origin of the so-called Mother
| church in Boston is given in Mrs. Eddy
own words, and then the opinion declares
| that whatever capacity the board OF al
| rectors (of the Mother church, has to act
as a corporate body, and as such to re-
| ceive and hold property for such voinn-
| tary association, is derived from Chap-
ter 81 of the Massachusetts Revised Laws
of 1902, Section of which is above quot
| ed
1T is hardly necessary to add the
| opinion continues, that it is impossible
1 for this voluntary association to derive
corporate existence from Chapter 81 and
at the same time to hold property in de-
| fiance of it.
IF it be true that the testatrix has
defied the law of New Hampshire by
attempting to give to single church
the income or 4 vast sum of money to
be used for all time by it as 'Residuary
tlegatee for the purpose of more effec-
tually promoting and extending the
religion of Christian Science as taught
by me- what is the legal consequence
| of such a violation of positive law?
There is no ambiguity the gift is to a
single church for n single purpose.
That church is to maintain for all time
70 propaganda of new and peculiar
form of religious belief. There is no
lpretense that this endowment is for
! any charitable or artistic or education
al purpose. Neither charity. nor art,
nor education, have any place In the
scheme whatever. The testatrix de-
signed to create vast and perpetual
endowment for the purpose of promot-
| ing and extending the religion OF
lChristian Science as taught by me- 1t
was just such perpetual endowments
| in the hands of single church for the
propagation of any form of religious
belief that the statutes of New Hamp-
| shire and Massachusetts designed ia
make impossible. Therefore the pro-
lhibitions of these statutes fix the
stamp of nullity upon the residuary
clause, u) because the testatrix was
forbidden expressly to make such gifts
(2) because the legatee was forbidden