New-York tribune., 1911-01-13
Church MAY LOSE
MRS. EDDY'S MONEY
Ex-senator Chandler Says State
Law Prohibits Bequests of Over
$1,000 Annually to a Church.
LEFT BODY S2,0OO,OOo
If the Residuary Clause Is De-
clared Void Fortune Will Go to
Son and Adopted Son as Next
of Kin, Under State Law.

Concord. y. H.. Jan. 12.-That the
fesiduary clause Of the will of Mrs Mary
Paker G.. Eddy. founder Of the Christian
Science Church. is null and void is the
orinion Of former United states senator
William +. Chandler, Hannis Taylor
Of Washington. professor OF constltu-
tional and international law AT George
Washington University. and others as
given out for publication here tonight
The residuary clause provides for
GIT of about $2OoO,OOO to the First
Church Of Christ, Scientist Of Boston.
known as the Mother Church.
4 statut" cf New Hampshire prohibit
ing beaues; 10 a church Of more than
5000 annually is the basis Of the opin-
ion. which was written by Professor Tay-
Ior. Referring to the residuary clause
as null and void" the opinion says;
AS 10 tho void gift. the testatrix died
intestate. and its subject matter passeu
on her death 10 her next o. KIN unucr
the New Hampshire statute OF distrlpu-
tion.
In the closing paragraph the opinion
advises the attorneys for the next or KIN
that such agreements and contracts as
they made with the testatriX and her
trustees in her lifetime only bind them
'to recognize 4. s valid such provisions OF
her last will as arc legally valid.
TO that extent" continues the opin-
ION. You are bound and are required to
ioin with the executors in requesting the
Probate Court of New Hampshire TO ad-
nit such will To probate in solemn form,
in order that all its provisions may pre-
vail SO far as they arc no; forbidden 10y
law. After you have so acted and per-
formed every part Of the agreement YOU
have entered INTO II will remain for the
courts of equity, federal or state, to con-
strue the will in order TO determine
whether the residuary clause is valid or
void"
Besides former Senator Chandler ana
Professor Taylor. the signers Of The opin-
ion are John W Kelley. of Portsmouth.
and De witt c. Howe. Of Concord. who
were associated with Mr.. Chandler as
counsel for the next friends" and Will
lam L. Chambers. LAWYER, OF Wash
ington
TIE Trust Fund for Sen.
Mr Chandler. in his letter to Professor
Taylor. reviews the facts regarding Mrs.
Fddys will and estate and the next
friends" suit. which resulted in Mrs.
Eddy placing a large sum Of money in
trust for her son, George w. Glover OF
Lead. :. D.. and lis children. He then
tells os his signing the agreement by
which the next friends" suit was set
tied and adds:
Mr. Strecter General Frank 5.
streeter. Of Concord drew the agree
ment for my signature. When signing l
took il for granted that Mrs. Eddy would
rot. in giving away her property, under
take to violate public law. II l had
thought she had already done so. by at
tempting 10 create a oNurch with an
endowment Of S2OOOO0O. I should not
have signed
A petition was filed late to-day in the
Superior Court here by ex-senator Chan
dle- and other attorneys, asking the
court for a construction of Mrs. Eddy's
Will. particularly the clause relating TO
the residuary estate.
The petitioners also pray for an In
junction against any disposition being
made Of the property in question pend
ing the construction Of the residuary
clause. II is understood to be the plan
OF the attorneys for George w. Glover
and Dr. Z. J. Foster Eddy. the son and
foster son. respectively. Of Mrs. Eddy, to
try 10 have the question regarding the
residuary legatee transferred from the
Superior Court to the Supreme Court for
a decision. No contest in the Probate
Court is expected.