New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-08
.UPHOLDS EDDY REQUEST
Court Calls 100000 Gift to
Christian Science Valid.
IS A CHARITABLE TRUST"
New Hampshire Tribunal Says
Testator Had a Right to
Create a Religion.

| Concord y. H, May THE residuar!
clause of the will of Mrs Mary Baker G
| Eddy. founder of the Christian Science
| Church, bequeathing the residue OF her es-
tate. valued at about 100000 to the First
Church of Christ, Scientist of Boston. Gre
ates q valid trust" in the opinion of the
Supreme Court of New Hampshire. an
nounced to-day The court holds that "the
residuary clause is not gift TO church.
but a gift for religious purposes, sustain
able as a charitable trust"
The courts decision was given In the bill
In equity brought by George w. Glover, OF
Lead, S. D.. Mrs. Eddy's son, in the Mer-
rimack County Superior Court TO have the
residuary clause declared invalid on the
ground that II violated a New Hampshire
statute limiting the amount which can be
bequeathed to any single church TO a sum
far below that left by Mrs Eddy. The
case was transferred to the Supreme Court
for the determination of the point OF law
involved In this claim.
Glover sought, I'm case the residusry
clause should be declared invalid, TO have
the residue divided between himself and
Or Ebenezer j. Poster Eddy, Of Water
bury. VI. Mrs. Eddy's adopted son, as the
next of kin. The case must now be tried
I'm the Superior Court, but to-day's de-
c,sion disposes OF the principal contention
Of the plaintiff.
An amendment may be filed by tho plain
tiff according to the decision, since, should
he he able 10 show that the bequest Is for
the pecuniary private pront of the church,
the trust would be void.
Has No Right to Advice.
In its opinion Of twelve thousand words
the court holds that the sole request of the
plaintiff is for advice as to his rights
The court states:
As the plaintiff is not entitled to such
advice, the petition should be dismissed so
far as any proceeding hereunder is based
upon the plaintiffs right 10 maintain IT,
Issues OF fraud ana undue influence In
securing the Will are not open in this pro-
ceedng.
the residuary clause is not a gift TO n
church, but a gift for religious purposes
sustainable as charitable trust
Mrs. Eddy had the constitutional right
10 entertain such opinions as she choose
and TO make "A religion OF them and "a
to teach was not ended with her death.
The truth OF Mrs. Eddy's science or re-
ligion is not TO be determined 10y the court
AS a religion, she had the right TO pc
lieve and teach il. If the scientific prin-
ciples she believed In run counter to the
general belief of tho time. she had equal
right TO believe and teach them In the
absence of legislative repTobaton found III
express enactment or In tho general course
OF the legislation OF the state, action IN
accordance with her teachings IL not illegal
As neither her belief nor the acts under IL
are necessarily illegal the trust 10 pro
mote the principles she attempted 10 ]"
culcate Is not Illegal
Son Asks for Annuity.
George w. Glover In a document fled In
the Superior Court to-day contends that
he has complied with every lawful condi-
flor Of the agreement whereby his mother.
Mrs Mary Baker c. Eddy. some time prior
TO her death. created a trust fund OF 'leS.oc0
for the benefit OF Glover and her adopted
son. Or T. J. Foster Eddy, and their
families.
The document Is an answer 10 bill IN
equity brought last No 7her by the rus-
tees appointed by Mra Eddy seeking 20
have the court uphold their action In with
holding the $3.50 annual income due TO
Glover and his family under the agree
mcnt The trustees claim that Glover by
bringing suit to have the Superior Court
declare invalid the residuary clause Of Mrs
Eddy's will. violated the terms OF tho trust
agreement and is not entitled 10 further
payments.
Glover petitions the court 10 discharge
the trustees. Frank S. Streeter, Irving g
Tomllnson and Archibald Mcclellan on the
ground OF Partially, and TO appoint sue