Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-05-08
Instead Of Gift Outright,
In The EDDY Millions,
Is The Decision by New Hamp-
shire Supreme Court.
Gift for Religious Purposes, sus-
tainahle as Charitable Trust.

Concord. n. H., May 1.-The resid-
uary clause of the will of Mrs. Mary
Baker G. Eddy founder of the Chris
tian Science church, bequeathed the
residue of her estate, valued at about
100000 to the First Church of Christ,
Scientist. Boston. creates a valid
trust" in the opinion of the supreme
court of New Hampshire announced,
. today. The court holds that the s'resid-
uary clause is not a gift to a church
but gift for religious purposes sus-
taiaable as a charitable trust
The court s decision was given in the
bill in equity brought by George w.
Glover of Lead, S. D., Mrs Eddy's
son. in the Merrimack county superior
court to have the resduary clause de-
clared invalid on the ground that it In
validated a New Hampshire statute
limiting the amount which can be be-
queached to any single church to a
sum far below that left by Mrs Eddy.
The case was transferred to the SUI
preme court for the determination of
the point of law involved in this claim
Glover sought, in case the residuary
clause should be declared invalid. to
have the residue divided between him.
self and DIR. Ebenezer j. Foster Eddy
of Waterbury, VT, Mrs. Eddy's adopt
ed son. as the next of kin. The case
must now be tried in the superior
court. but today's decision disposes OF
the psinicpal contention of the plaintiff.
In its opinion of 10000 wors. the
court holds that the sole request of
the plaintiff is for advice as to his
rights.
As the plaintiff is not entitled to
such advice the petition should be dis
missed SO far as any proceeding there
under is based upon the plaintiffs
right to maintain it.
issues of fraud and undue infIu-
ence in securing the will are not open
in this proceeding. The decree of the
probate court allowing the will is a
Judgment establishing the document
to be the will of Mrs Eddy.
The residuary clause is not a gift
to church but gift for religious
purposes sustainable as charitable
trust.
Mrs. Eddy had the constitutional
right to entertain such opinions as
she chose and to make religion of
them and TO teach them 70 all others.
Her legal right to teach was not end
ed with her death.
The practice of Christian Science
was brought TO the attention of the
Legislature Is years ago and neither
at that time nor at any time since
has the Legislature considered that
the public good required that its
practice should be prohibited or regu-
lated. No inference can be drawn ex-
cept that in the opinion of the Leg
islature restrictive legislation is not
required This conclusion of the Leg
islature binds the court
THE truth of Mrs. Eddys science or
religion is not to be determined by
the court.
AS a religion she had the right to
believe and teach it, If the scientific
principles she believed In run counter
TO the general belief of the time, she
had equal right to believe and teach
them. In the absence of legislative
reprobation found in express enact
ment or in the general course of the
legislation of the state, action in ac-
cordance with her teachings is not
Illegal AS neither her belief nor the
acts under it are necessarily illegal.
the trust to promote the principles
she attempted to ineulcate is not IL
legal"