The Washington herald., 1911-01-13

within the last two days 1t has been ad-
justed by an expressed willingness or
the part OF Mr.. Glover and DR.. Foster.
Eddy to have the interment continue al
Mount Auburn, which is the strong de.
sire of Gen. Henry N. Baker. who is not
fonly the executor, but a relative who
was very much beloved by Mrs. Eddy.
simultaneously with this decision. il
has also been concluded by the relatives
not to oppose the proving Of the will in
| solemn form at Concord on the 18th of
| January. On November 10. 1909. Mr..
Glover and DR.. Foster Eddy agreed to
accept certain. reasonable sums of money
and to stipulate that Mrs. Eddy might
give away the rest OF her wealth by
will. or deed as she might wish Their
present intention is to stand by the
agreement as they made it.
Yet they are advised that tho exact
legal substance of their agreement only
requires them not to oppose the vesting
of title under any lawful bequest or deed
that Mrs. Eddy might have made; and
that IL any attempt of hers to give away
her estate is against public and statute
law. it must be void, so that the property
will come to them the same as If no will
had been found in existence after her
death. This being the legal view. it is
both their privilege and duty to bring a
friendly lawsuit to obtain a decision of
the important question by the courts. 1t
has taken me a long time and much ex-
animation of statutes and legal decisions
to feel sure of my ground.
Says Law Was Broken.
Mrs. Eddy organized the First Church.
Scientist, in Boston in 1892 by making a
deed Of trust in which she declared that
she organized it under a certain chapter
of the laws of Massachusetts,. That very
chapter declared that no one church
should receive or hold property of more
than 5000 income per year. or, say, $40
600 in principal. Yet to that church she
deliberately undertakes by will to give
S.0O0, 00o Necessarily it is null and void
as to all the 10000 except $4,000. The
New Hampshire law, re-enacted in 1901.
is exactly the same as that of Massa-
chusetts, except that it allows a bequest
or 5000 annually, or principal of
$10o. 900.
1T equally, with Massachusetts,. pro-
hibits such a huge gift to one church as
100000. 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 so outside its borders 1000, 600 to be-
Soule lHe dOSOlute property OF 4 leS8tee
whom the law forbids to take it from
the estate of a person whom the law
prohibits from giving 1t.
AT all events the directors Of the
Mother Church will welcome the insti-
tuition of the suits If because Christian
Science has its vast corps of healers of
disease and it's doctrine Of NJ. A. NJ. and
possesses against all other religious sects
the gift of working miracles, rediscov-
cred in 1855. and expounded and taught
by Mrs. Eddy, it is therefore exempt
from the laws to which other churches
must submit, and any one local Chris
tian Science church can have a 100000
fund. Christian Science can count upon
a future growth and expansion beyond
all the other religions in the world, and
will rejoice at receiving a judicial deci- |
sion SO Strengthening to its power, al |
ready marvellous |
While If the court shall happen to de- |
eide that 1t cannot, for the reasons I |
have mentioned, thus disregard the often |
-e-enacted and permanent policy and law
IF New England. the present friendly
welcome method of learning, respect
ng, and obeyins hereafter, although a
eligious society. the paramount law Of
America - !
Taylor Gives Views.
The statement by ex-senator Chandler
vas supplemented by a similar one from
Iannis Taylor. also an attorney for the
He reiterates Mr.. Chand-
er's views on the Interpretation of law,
nd adds:
IF SO famous a jurist as Samuel J.
ilden failed to ascertain what the law
ermitS, it is perhaps no marvel that
frs. Eddy should have violated the law
{ Massachusetts, in attempting to give
D a single church in that State s., 900 600.
Ihen its statutes have for a century and
4 excess of a sum sufficient to produce
n income of 5000 a year. But what is
lore remarkable still is the fact that
UGH gift as Mrs. Eddy has attempted
, make is expressly forbidden by the
Nv of New Hampshire, her domicile, in
hose courts her will is filed for probate,
nd whose law govern absolutely her tes- .
capacity to make a gift for
lch a purpose"
Church Counsel Silent.
Concord, N. H.. Jan. 12.-Gen. Frank s. ,
treeter, long counsel for Mrs Eddy,
ould not discuss the action OF the heirs ,
determine the validity of the will of >
lie founder of Christian Science. Early -,
the day statements were given out
ere by ex-senator Chandler and Hannis q
aylor, discussing the legal phase of t
lie will. This was before the brief was s
ed in court. Gen. Streeter said he saw
,thing in the statements that would in Z
cate a will contest. When the brief !.
as filed he became silent
Ex-senator Chambers statement, given =
It here this morning, reviews the his
~ of Christian Scient from its incep-
IN. The famous next friends" suit is
ne over, and letters written by Mrs.
1dy are quoted to show that she was 4
lder the influence of the church di.
ctors. Vi
II