The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-13
EDDY WILL IS VOID.
That Is the Contention of Attorneys
for Her Heirs.

Concord. n. NJ. Jan. 13.-The res
iduary clause in the will of Mrs. Mary
Baker G. Eddy, founder of the Chris
tian Science church. is null and void
in the opinion of former United States
Senator William Z. Chandler, Hannis
Taylor, professor of constitutional and
international law at George Washing
ton university, and others. according
to a statement given out for publica-
ton. The clause in question provides
for a gift of about 100000 to the First
Church of Christ. Scientist, of Boston.
known as athe Mother church.
A petition has been filed in the su-
perior court here by Mr. Chandler and
other attorneys asking the court for a
construction of Mrs. Eddy's will, par
ticularly the clause relating to the resi-
duary estate.
The petitioners also pray for an in
junction against any disposition OF the
property in question pending the con-
struction of the residuary clause. 1t is
said to be the plan of the attorneys for
George w. Glover and DR.. E. ]. Fos-
ter Eddy, sons of Mrs. Eddy. to try to
have the question regarding the resi-
duary legatee transferred from the su-
perior court to the supreme court for a
decision No contest in the probate
court is expected.
A statute of New Hampshire prohib-
iting a bequest to church OF more
than $1,000 annually, and one of Massa-
annually are the basis of the opinion
which was written by Professor Taylor,
formerly minister to Spain. Referring
to the residuary clause as null and
void, the opinion says;
LAS to the void gift, the testatrix
died intestate and its 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
kin that such agreements and contracts
as made with the testatrix and her
trustees in her lifetime bind them only
to recognize as valid such provisions
of her last will as are legally valid
''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
to admit such will to probate in SOL
emn form, in order that all its prov1s-
ions may prevail so far as they are not
forbidden by law
after you have so acted and per
formed every part of the agreement you
have entered into. it will remain for
the courts of equity, federal or state,
to construe the will in order to deter
mine whether the residuary clause is
valid or void.
Besides former Senator Chandler and
Professor Taylor. the signers of the
opinion are Attorneys John w. Kelley
of Portsmouth, and Dewitt c. Howe, of
Concord, who were associated with Mr.
Chandler as counsel for the next of
friends" and William L. Chambers, a
lawyer of Washington.
Mr.. Chandler, in his letter to Profess
Sor Taylor, reviews the facts regard
ing Mrs. Eddys will and estate and the
next friends suit Which resulted in
Mrs. Eddy's placing a large sum of
money in trust for her son, George w.
Glover. of Lead. and his children. He
then described his signing the agree
ment by which the next friends suit
was settled, and adds:
Mr.. Streeter General Frank S.
Streeter, Of Concord) drew the agree
ment for my signature. When signing,
took it for granted that Mrs. Eddy
would not, in giving away her proper
ty, undertake to violate public law. If
1 had thought she had already done so,
by attempting to create a church with
an endowment of millions of dollars,
1 should not have signed