Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-10
DECLARED VOID.
100000 Trust Fund
Given by Late Mrs. Eddy
For Use Of Denomination De-
CIared Void, Wednesday.
The Massachusetts Supreme Court
Holds Church Cannot Receive Gift.

Boston, Oct. 9.--A trust, estimated
at $1,000, 900. created by the will of Mrs
Mary Baker Eddy, founder of the
Christian Science church, in behalf
of the denomination, WAS declared
void, today. by the Massachusetts su-
preme court.
The court holds. however, that a
charitable trust has been created and
that new trustees may be appointed to
administer 1t.
The case decided was that of the
directors of the Christian Science
church against the trustees of the will
and was a friendly suit brought to
determine the legality of the trust.
The court holds that while a church
cannot receive a gift, the annual in
come from which exceeds $4,000, the
bequest Of Mrs. Eddy does not fail.
Under the will, the court finds pub
lie charitable trust was created which
can be administered by a trustee APP
pointed by the court.
On the question as to whether the
teachings of Mrs Eddy are contrary
to public policy, as was argued by
counsel, who represented the heirs,
ttt6 GOulA 1QiAA AiSitf 1AlAd ~
days are given to the petitioners to
amend the bill so as to meet those IS
sues. The court holds that the action
OF the attorney general in becoming a
party to the suit gives George w
Glover, the son of Mrs. Eddy, and
Ebeneztr j. Foster Eddy, her adopt
ed son, standing, because it is pos
sble that the heirs may take the
property Their kinship is not extin-
guisiled by their So called family set
tlement agreement.
The court then says:
1T is plain that gift directly to q
church for its own benefit is within the
prohibition The residuary clause of Mrs
Eddy's will makes a gift TO the First
Church of Christ, Scientist, in trust, to
be devoted to the repair of church build
ings and the purpose of more effectually
promoting and extending the religion OF
Christian Science as taught by the ties
tatrix. This latter purpose in substance
is not gift to the particular ecelesiasti-
cal organization for its special heads.
'Tt manifests broader design, and
authorizes the use of the gift for spread
ing the tenets of faith taught by the tes-
tatrix over an area more extensive thar
could possibly be gathered in one con.
gregation. 1t includes the most Catholic
missionary effect, both as to territory
peoples and times.
1T is the founding of comprehensive
scope for the upbuilding of the sect
which the testatrix made the object OF
her bounty. While in a general sense il
may be said that every church is devoted
to promoting and extending the religion
of the denomination to which it belongs
"a gift to particular use described In this
will is not a gift to the, church to dc
with as it chooses.
THE testamentary statement of the
purpose of the gift when coupled with
its magnitude and express fiduciary
words, manifests an intent that it shall
be devoted as trust fund to the speci-
fled ends. The will shows a plain APP
probation by its maker of the vital dis
tinction between an absolute gift and a
trust"
The court says that the petitioners as
Il body corporate under the laws, when
objection is made by the commonwealth,
are restrained from taking and holding
the property described in the WILL