Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-13
TO. TEST EDDY WILL
Friendly Suit Brought Against
the Residuary Clause.
CLAIMED TO BE uni AWFUL
Proposed Bequest to Church Asserted
to Be Illegal.
TRYING TO ENJoIN EXECUTOR
Opinions of Former Senator Chandler
and Former Minister Hannis
Taylor on Point Advanced.
TRYING TO ENJoM EXECUTOR

CONCORD, n. H.. January 13.-Suit
to determine the validity Of the residu-
airy clause of the will OF Mrs Mary
Baker G. Eddy, under which property
valued at 100000 is bequeathed to the
First Church Of Christ, Scientist, Of
Boston, was filed in the superior court
Of Merrimack county, here. late yester-
day. This action was taken after q long
conference between tho counsel for the
heirs Of Mrs. Eddy, In which former
Senator William e. Chandler, Hannis
Taylor. William L. Chambers, John w.
Kelley and De Witt G. Howe are said
to have taken part.
The petition, which was filed by Mr..
Howe, also asks that Henry NJ Baker,
executor OF the estate, may be enjoined
from paying or transferring any money
or property Of the estate until the con-
troversy is determined, and that Josiah
e. Fernald. trustee in actual possession
of the estate, be cnjoined from allow
ing any Of the property to be taken be-
yond the jurisdiction Of the state Of New
Hampshire.
1t is understood to be the plan Of the
attorneys for George w. Glover and DR..
E. ]. Foster Eddy, the sons Of Mrs.
Eddy. to try to have the question re-
ferred from the superior court to the
supreme court of the state of New
Hampshire for decision. No contest
In the probate court is expected.
According to the opinions Of counsel.
to the laws of New Hampshire. where
the domicile of the testator was To-
Gated. and to the laws of Massachu-
sets. where the beneficiary is located.
A statute of New Hampshire, it is
stated. prohibits a bequest of more
600 q m 81 a
the laws OF Massachusetts, are said to
restrict the amount of a bequest to q
sum sufficient to produce an annual in
come OF $4,000.
decision adverse to the will upon the
fate of the Christian Science Church at
Boston. at least, because, 1t Is said, in
the event Of such a decision. all the es-
tate. except probably $4,000, will re-
vert to the heirs. and this will deprive
the church OF its main assets.
Place Of Final Burial.
Former Senator Chandler said. referring
to tho suit
until now there has been nothing to
Eddy's death. There has been q ten.
dency toward a difference Of opinion con.
corning the place Of final burial. but with.
in the last two days 1t has been adjusted
by an expressed willingness on the part
Of Mr.. Glover and DR.. Foster-Eddy tc
have the interment continue at Mt. Au.
burn-which is the strong desire Of Gen
Henry NJ Baker. who Is not only the ex-
ecutor, but relative, who was very much
beloved by MIS-. Eddy. simultaneously with
this decision 1t has also been concluded
by tho 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 agree
ment as they made It.