The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-02-03
MRS. EDDYs SONS SCORE
Mother church's Demurrer overruled
by Federal JUDGE

First blood has been drawn by the
adopted son and the son of the late
Mary Baker G. Eddy, the Christian
Science leader, in their fight for pos
session of the s3,000,000 estate left
by her to the Mother church of Bos-
ton.
Judge Aldrich Of the Federal Dis
trlct court of New Hampshire has
handed down a decision overruling
the demurrer Of the defendant dlrec-
tors of the Mother church, which re-
moves the last legal obstacle to a
trial of the issues in the case.
Mrs. Eddy had an agreement with
her two sons by which they pledged
themselves for 100000 each not to-
contest any disposition she might
make of her estate by will. This So
called settlement" had been expect.
ed to end litigation on its threshold
and prevent trial of the case Now
the trial is expected to take place in
New Hampshire in the early spring
The plaintiffs are r. j. Foster Eddy,
Mrs. Eddy's adopted son. and George
Glover, her son. They are represent
ed by William Il. Chandler The ca
SEES are identical. both sons embody-
in the same issues.
In the opinion which accompanies
his decision Judge Aldrich says. I'M
part
in this case both parties claim
they are entitled to final relief upon
the pleadings as result OF this hear
ing, the position Of the plaintiff be-
ing that as the demurrer admits the
facts as alleged, and as the bill dis
closes teachings and doings manifest
ly contrary to the public policy Of
New Hampshire and Massachusetts,
and a bequest which is at once void
as against the public policy of the
laws OF these states, and as the re-
lease of the heir in question was as
alleged procured through conceal
ment and by fraud, that a final de-
cree for the plaintiff should follow.
The court then refers to the cIaim
made by the plaintiff that he would
not have agreed to a settlement of
100000 had he known the contents
of his mothers will or to make what
is described in the complaint as an
unlawful donation.
Describing Mrs. Eddy's bequest to
the Mother Church as S2,000,O0O or
NOR Justice Aldrich continues
"The statute OF New Hampshire
which the plaintiff claims is offended
by the bequest is as follows: The
income OF any grant ordonation made
to or for the use OF church shall not
exceed $4,000 year, exclusive OF the
/ income OF any parsonage lands grant
ed to or for the use Of the ministry.
And that of Massachusetts reads:
The income OF the gifts, grants, be
quests and devices made to or for the
use of any church shall not exceed
$4,000 a year, exclusive of the In.
come OF any parsonage land granted
to or for the use of the ministry
The court then goes into the char
ges of the plaintiff that Mrs. Eddy
was under decisions and her mind
poisoned against her sons by the dir
ectors of the Christian Science
church, into whose custody and con
troll she had passed. The court
finds that these allegations are not
denied by the pleadings or admitted
by the demurrer.
Regarding the contention raised In
the demurrer OF the Boston directors
Judge Aldrich rules
"The position OF the defendants Is
that the claim of fraud fails, because
the facts alleged do not constitute
fraud. do not think this position
so clear as to warrant a decree fol
the defendants upon demurrer"
Regarding the important issue Of
public policy. Judge Aldrich says
while not reciting all allegations
In respect to teachings and practices
presented by the bill. 1t is sufficient
for the purposes OF showing that the
question OF public policy involved
cannot be determined as one OF law
to say that the plaintiff alleges the
teachings OF Christian Science are
pernicious and hostile to organized
society; constitute business which
is forbidden and made void by pub
lie policy and the laws OF the land.
The only legal move now to b'
made before the actual trial OF The
case is the filing Of the defendants
answer to the plaintiffs bill.