Proceedings In Equity – The Deed Of Trust
The following is a photocopy of the actual Deed of Trust.
At the end is a typed copy for easier reading.
The following is a reproduction of a two-page copy of the original Deed of Trust that was used in the Court Case. The two pages made it easier reading for everyone involved in the Proceedings. (and also for our benefit!)
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Reproduction of the
Deed of Trust
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The following is a copy of the Deed of Trust given by Mary Baker Eddy January 25, 1898, constituting the Board of Trustees, organizing
The Christian Science Publishing Society.
BE IT KNOWN THAT I, Mary Baker G. Eddy of Concord, New Hampshire, in consideration of one dollar to me paid by Edward P. Bates, James A. Neal, and William P. McKenzie, all of Boston, Massachusetts, and in consideration of their agreement to faithfully observe and perform all the conditions hereinafter specified to be by them observed and performed, and for the purpose of more effectually promoting and extending the religion of Christian Science as taught by me, do hereby sell and convey to them, the said Bates, Neal and McKenzie, and their successors in the trust hereinafter established all and singular the personal property, goods, and chattels which were sold and conveyed to me by the Christian Science Publishing Society by its bill of sale dated January 21st, 1898, said property being located in the premises numbered 95 and 97 Falmouth Street in said Boston, including the publication called “The Christian Science Journal,” (not including the copyrights thereof), the linotype, all pamphlets, tracts and other literature conveyed to me by said bill of sale, the Hymnal, the subscription lists of “The Christian Science Journal” and of “The Christian Science Quarterly,” all stationary fixtures, stock on hand manufactured or otherwise, machinery, tools, mailing lists, book accounts, notes, drafts, checks and bills, whether in process of collection or not, five United States bonds of one thousand dollars each, all cash and bank accounts and all personal property of whatsoever kind or nature which belonged to said Society and which were conveyed to me as aforesaid, excepting only such of said property as may have been used and disposed of since the date of said sale to me, upon the following perpetual and irrevocable trust and confidence, namely:
- Said trustees shall hold and manage said property and property rights exclusively for the purpose of carrying on the business, which has been heretofore conducted by the said Christian Science Publishing Society, in promoting the interests of Christian Science; and the principal place of business shall be in said Boston.
- The business shall be done by said trustees under the unincorporated name of “The Christian Science Publishing Society.”
- Said trustees shall energetically and judiciously manage the business of the Publishing Society on a strictly Christian basis, and upon their own responsibility, and without consulting me about details, subject only to my supervision, if I shall at any time elect to advise or direct them.
- Said trustees shall keep accurate books of account of all the business done by them, and shall deposit in a responsible and reliable Bank or Trust Company all bonds, mortgages, deeds, and other documents or writings obligatory of every kind and nature for safe keeping; also all surplus funds over and above the sum necessary to defray the running expenses of the business, until the same shall be paid over to the Church Treasurer, as herein provided. No papers or monies shall be taken from said Bank or Trust Company excepting by and in the presence of a majority of said Trustees. Once in every six months the trustees shall account for and pay over to the treasurer of “The First Church of Christ, Scientist, in Boston, Mass.,” the entire net profits of said business. The “net profits” shall be understood to mean the balance remaining at the end of each six months after paying the usual and legitimate expenses incurred in conducting the Business. No authority is intended to be conferred upon the trustees to expend the money of the trust for property not necessary for the immediate successful prosecution of the business, or to invest the same for purposes of speculation, or to incur liabilities beyond their ability to liquidate promptly from the current income of the business. Said treasurer shall hold the money so paid over to him subject to the order of “The First Members” of said Church, who are authorized to order its disposition only in accordance with the rules and by-laws contained in the Manual of said Church.
5. The business manager shall present to the Trustees, at the end of each month, a full and correct statement of the receipts and expenditures of the month.
6. Said Trustees shall employ all the help necessary to the proper conduct of said business, and shall discharge the same in their discretion or according to the needs of the business, excepting that the business manager may call in at times of necessity such temporary help as will facilitate the business.
7. The Trustees shall employ such number of persons as they may deem necessary to prepare Bible Lessons or Lesson Sermons to be read in the Christian Science churches, the same to be published Quarterly as has heretofore been done by and in the name of the Christian Science Quarterly; and they may, in their discretion, change the name or style of such Quarterly publication as occasion may demand. They shall also fix the compensation of the persons so selected.
8. Said Trustees shall have direction and supervision of the publication of said Quarterly, and also of all pamphlets, tracts, and other literature pertaining to said business, using their best judgment as to the means of preparing and issuing the same, so as to promote the best interested of the Cause, receiving the right to make such changes as I may think important.
9. Said trustees and their successors in trust shall not be eligible to said trusteeship or to continue in the same, unless they are loyal, faithful, and consistent believers and advocates of the principles of Christian Science as taught by me in my book, “Science and Health and Health with Key to the Scriptures.”
10. Whenever a vacancy shall occur in said trusteeship for any cause, I reserve the right to fill the same by appointment, if I shall so desire, so long as I may live, but if I do not elect to exercise this right, the remaining trustees shall fill said vacancy. The First Members together with the directors of said church shall have the power to declare said vacancies in said trusteeship for such reasons as to them may seem expedient.
11. I also reserve the right to withdraw from said trust, if I shall so desire, the publication of the Christian Science Journal, but if I do not exercise this reserved option, then said Journal shall remain a part of the trust property forever.
12. Upon my decease, in consideration aforesaid, I sell and convey to said trustees my copyright of “The Christian Science Journal,” to be held by them as the other property of said trust.
13. Said trustees shall each receive annually one thousand dollars for their services in that capacity, payable semi-annually in payments of five hundred dollars, and such salary as
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Above is Page 1186 in Proceedings in Equity.
Below is Page 1187 in Proceedings in Equity.
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the said Church may determine from time to time.
14. The delivery of this instrument to, and its acceptance by, said trustees shall be regarded as the full establishment of the trust and as the agreement by the trustees to honestly and faithfully do and perform all things to be done and performed by them within the terms, objects and purposes of this instrument.
WITNESS my hand and seal at Concord New Hampshire, this twenty-fifth day of January, 1898.
(Signed) Mary Baker G. Eddy [Seal]
We accept the foregoing Trust
(signed) Edward P. Bates, James A. Neal, Wm. P. McKenzie
January 25th 1898:
September 8th, 1898 (Signed) Thomas W. Hatten, Succeeding Edward P. Bates, Resigned.
October 21st, 1898 Joseph B. Clark, Succeeding James A. Neal, Resigned.
September 25th, 1906 (Signed) Allison V. Stewart, Succeeding Joseph B. Clark, Deceased.
January 6th, 1908, (Signed) William D. McCrackan, Succeeding Allison V.. Stewart, Resigned.
June 19th, 1908, (Signed) Clifford P. Smith, Succeeding William D. McCrackan, Resigned.
September 12th, 1911, (Signed) James A. Neal , Succeeding Clifford P. Smith, Resigned.
December 2nd, 1912, (Signed) Herbert W. Eustace, Succeeding James A. Neal, Resigned.
February 1st, 1917, (Signed) Edward A. Merrett, Succeeding Thomas W. Hatten, Resigned.
August 1, 1917, (Signed) David B. Ogden, Succeeding William P. McKenzie, Resigned.
August 1, 1917, (Signed) James Rowland, Succeeding Edward A. Merrett , Resigned.
City of Boston, October 7 3 & 28 min. P.M. Received and entered in Records of Mortgages, Book 1313, page 221.
per JAMES DONOVAN City Clerk.
Received City Clerks Office, Oct. 7 3-28 Boston, Mass.
July 5, 1921, (Signed) Paul Harvey, Succeeding Daniel B. Ogden, Resigned.
(Page 1185 of The Great Litigation Proceedings)
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MRS. EDDY’S THREE RULES
TO
THE TRUSTEES
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“Pleasant View,
“Concord, N. H., Feb. 4, 1898.
“Dear Bro. McK.:
“I send you herewith a sheet which Mother wrote a few days ago for the trustees, but wanted to send by messenger.
(Signed) “C.A. FRYE.
“Rules
“1. When Mother foils a demon-scheme do not mar her success. The hardest battle is the last one.
“2. Never act on first thoughts unless they be of Good, God, but watch and separate the tares from the wheat. Learn by experience and careful comparison to know whence cometh your conclusions. ‘Try the spirits’ before acting, look over the purpose that the enemy might be trying to accomplish and so avoid the snare.
“3. Have the bird in your hand before disturbing the bush that he hangs upon.”
Written on the back are the words,
“For the Board of Trustees.”
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