DAVID E. ROBINSON, et al, pro se______________________
Plaintiff
v.
CHRISTIAN SCIENCE BOARD OF DIRECTORS, et al______
Defendants

1. On Tuesday, February 16, 1982, in Concord, New Hampshire, the following petition was recorded in that office in regard to the entity know as "Trustees under the Will of Mary Baker G. Eddy."

To the Honorable Judge of Probate for the Country of Merrimack:

Your petitioner, United Christian Scientists, Inc., of San Jose, California, respectfully represent that the appointments of Hal M.Friesen, Jean S. Hebenstreit, H. Dickson Rathburn, Harvey W. Wood and Michael B. Thorneloe, trustees of said trust estate, be revoked as they are misrepresenting themselves as the ".Board of Directors of The First Church of Christ, Scientists, in Boston Massachusetts."

2. On December 20, 1913, the Probate Court of the State of New Hampshire had issued a Letter of Trust to five petitioners named Allison V. Steward, John V. Dittemore, Adam H. Dickey, James A. Neal and Archibald McLellan. The Court was unaware that the five petitioners were misrepresenting themselves as the "Board of Directors of The First Church of Christ, Scientists, in Boston Massachusetts."

3. On September 1, 1892, Mary Baker G. Eddy had executed a Deed of Trust conveying to four grantees, land which was to be used for the building of a church (The First Church of Christ, Scientists, in Boston Massachusetts).

4. In conveying land to "the said Ira O. Knapp, William B. Johnson, Joseph S. Eastaman, and Stephen A. Chase as trustees as hereinafter provided and to their legitimate successors in office forever," Mary Baker G. Eddy designated "said grantees...as the Christian Science Board of Directors."

5. When Mary Baker G. Eddy executed her last Will and Testament on September 1, 1901, "The First Church of Christ, Scientists, in Boston Massachusetts" was commonly called "the Mother Church." The phrase "the Mother Church" actually referred to the theocratic government of Mary Baker G. Eddy which had ultimate jurisdiction over "The First Church of Christ, Scientists, in Boston Massachusetts."

6. In September of 1901 the four-member Christian Science Board of Directors wore two hats, one fiduciary and one ecclesiastical. The Board functioned as a fiduciary Board under the September 1, 1892 Deed of Trust, and as an ecclesiastical Board under the bylaws of the "Manual of the Mother Church, The First Church of Christ, Scientists, in Boston Massachusetts."

7. Upon Mary Baker G. Eddy's decease the theocratic government of "the Mother Church" terminated and the governance of "The First Church of Christ, Scientists, in Boston Massachusetts" reverted to the four-member fiduciary Christian Science Board of Directors and their legitimate successors as named in the September 1, 1892 Deed of Trust.

8. Clause 6, 7(1) and 8 of Mary Baker G. Eddy's Last Will and Testament, dated September 13, 1901, reveal the party to whom she bequeathed her estate.

Clause 6: "I give and bequeath to the Christian Science Board of Directors of the Mother Church--The First Church of Christ, Scientists, in Boston Massachusetts--and their successors in office..."

9. On September 13, 1901, when the bequest was made, there was only one Christian Science Board of Directors, the four trustees named in the September 1, 1892 Deed of Trust, who were the recipients of Mary Baker G. Eddys bequest. Only the four member fiduciary Board could have successors, as so provided in the terms and conditions of the originating instrument, the September 1, 1892 Deed of Trust.

Clauses 7(1). "I hereby ratify and confirm the following trust agreements and declarations, viz...The Deed of Trust dated September 1, 1892, conveying land for church edifice in Boston and on which the Building of The First Church of Christ, Scientists, in Boston Massachusetts now stands."

10. Through this clause, Mary Baker G. Eddy reaffirmed the four-member Christian Science Board of Directors, and "their legitimate successors in office forever."

Clause 8. "I give, bequeath and devise all the rest, residue and remainder of my estate, of every kind and description to the Mother Church--The First Church of Christ, Scientists, in Boston Massachusetts, in trust..."

11. Mary Baker G. Eddy's will left her estate to the legal church "The First Church of Christ, Scientists, in Boston Massachusetts" which upon Mary Baker Eddy's decease was governed by the four-member fiduciary Board of Directors as established in the September 1, 1892 Deed of Trust.

12. In February 1903, Mary Baker G. Eddy had made a clear distinction between the fiduciary and ecclesiastical responsibilities of the Christian Science Board of Directors by increasing the ecclesiastical Board, whose number of members could be changed, from four-members to five-members, with Archibald McLellan filling the fifth chair.

13. Article 1, section 5 of the Church Manual bylaws reflects this change: "The Christian Science Board of Directors shall consist of five-members. They shall fill a vacancy of that Board after the candidate is approved by the pastor Emeritus."

14. This ecclesiastical Board governed "the Mother Church" under the theocratic jurisdiction of Mary Baker G. Eddy. Members of this ecclesiastical Board, at that time, had been Ira O. Knapp, William B. Johnson, Joseph Armstrong, and Stephen A. Chase.

15. The land was not deeded to the five-member Christian Science Board of Directors of "the Mother Church," as this temporary theocratic government only functioned under Mary Baker G. Eddy's approval, presence, consent, and written signature. Upon Mary Baker G. Eddy's decease, "the Mother Church. and its five-member ecclesiastical Board of Directors terminated. This left the remaining four-member Christian Science Board of Directors named in the September 1, 1892 Deed of Trust to continue governing only as "The First Church of Christ,
Scientists, in Boston Massachusetts," according to the restrictions of power designated in the Deed.

16. On May 14, 1904, Mary Baker G. Eddy executed the second codicil to her Will. An examination of its clauses shows that she left her estate to "The First Church of Christ, Scientists, in Boston Massachusetts" which was governed by the four-member Christian Science Board of Directors. Neither "the Mother Churc" nor its governing five-member Board of Directors are named in the second codicil to her Will.

Clause I. "...forthwith paid over to the Directors of The First Church of Christ, Scientists, in Boston Massachusetts, to be used for such purposes in connection with said Church as said Directors may be determined."

Clause II. "I hereby give and bequeath to The First Church of Christ, Scientists, in Boston Massachusetts...the same to be kept or disposed of as may be determined by the Directors of said Church..."

Clause III. "...from the residue of my estate which I have left to said The First Church of Christ, Scientists, in Boston Massachusetts."

"The Mother Church" and its five-member Board of Directors Terminated:

17. Mary Baker G. Eddy consolidated all authority of .the Mother Church. into the hands of the fivemember Christian Science Board of Directors, and then terminated this ecclesiastical Board and "the Mother Church" through the strategic placement of 29 estoppel clauses throughout the Church Manual bylaws. The five-member Board of Directors was neither perpetual, nor self-perpetuating. It could have no heirs, successors nor assigns and therefore could not be the recipient of Mary Baker G. Eddy's estate.

18. Upon Mary Baker G. Eddy's decease on December 3, 1910, the five member Christian Science Board of Directors had until the annual meeting of the church, June 1911, to terminate all of the offices of "the [ecclesiastical] Mother Church" in accordance with the 29 estoppel bylaws in the Church Manual.

19. At the annual meeting, the five-member Board of Directors, in disobedience to the estoppel bylaws, chose to continue in office, and allowing the reelection of all church officers of the theocratic government of "the Mother Church," contrary to Mary Baker G. Eddy's written intent.

20. In June of 1912, Stephen A. Chase, one of the five member Board of Directors, passed on. And the remaining Directors, functioning as Directors of "the Mother Church," elected James A. Neal to occupy the fifth chair, thereby breaching the "further trusts" conveyed to them in the May 19, 1903 Deed of Trust. Had the election of James A. Neal concurred with the resignation of Archibald McClellan, the four-member Christian Science Board of Directors would have assumed their rightful office as Directors of "The First Church of Christ, Scientists, in Boston Massachusetts," performing the specific duties and responsibilities delineated in the two governing Deeds of Trust.

21. This did not happen, because the five-member Board of Directors chose to continue the theocratic government of "the Mother Church," with themselves as the self appointed supreme authority, in breach of both the Church Manual and the two governing Deeds of Trust.

22. By inserting the requirement of Article 35, section 3, an estoppel bylaw, into the March 19, 1903 Deed of Trust, Mary Baker G. Eddy had caused "further trusts" to be binding on the four-member Christian Science Board of Directors, which reads:

"In addition to the trusts contained in said deed of September 1, 1892, from Mary Baker G. Eddy, this property is conveyed on the further trusts that no new Tenet or By-Law shall be adopted, nor any Tenet or By-law amended or annulled by the grantees unless the written consent of said Mary Baker G. Eddy, the author of the textbook, "Science and Health with Key to the Scripture," be given therefor..."

23. Mary Baker G. Eddy, anticipating that a breach might occur, stipulated in the September 1, 1892 Deed of Trust the consequences of such a breach. Paragraph 11 reads:

"The omission or neglect on the part of said directors to strictly comply with any of the conditions herein contained shall constitute a breach thereof, and the title hereby conveyed shall revert to the grantor Mary Baker G. Eddy, her heirs and assigns forever."

24. The four-member Christian Science Board of Directors is the only body named in four legal documents executed by Mary Baker G. Eddy, which are:

(1) 1892 Deed of Trust, dated September 1.
(2) 1903 Deed of Trust Agreement, dated March 19.
(3) 1901 Last Will & Testament, dated September 13.
(4) 1904 Second Codicil to the Last Will and Testament, dated May 14.

25. On October 16, 1913, Josiah E. Fernald, the Administrator of Mary Baker G. Eddy's estate, petitioned the Probate Court of the State of New Hampshire requesting that a Trusteeship be established under her Will.

26. Eleven days later, on October 27, 1913, the Petition for Trustee No. 22099 was published in the Concord Evening Monitor and for three consecutive weeks. The petition incorrectly stated that there was "no provision for perpetuating the trust under the will of Eddy, Mary Baker G."

27. It was not revealed to the Court that the four-member Christian Science board of Directors were the legitimate trustees named in the September 1, 1892 and March 19, 1903 Deeds of Trust.

28. Josiah E. Fernald and the five-member Board of Directors of .the Mother Church. petitioned the Court for a Trusteeship to be established in their names because Mary Baker G. Eddy had not bequeathed her estate to this ecclesiastical Board of Directors which governed .the Mother Church.. If this five-member Board had terminated as it had been directed to do, it would have left the remaining four-member fiduciary Board of Directors to assume their legal office with no reason to petition the Court, as they were the legitimate recipient of Mary Baker G. Eddy's estate.

29. Judge of Probate, Charles R. Coining, issued a Letter of Trust on December 20, 1913, to the five petitioners, unaware that they were misrepresenting themselves as the "four-member Board of Directors of The First Church of Christ, Scientists, in Boston Massachusetts." They were actually the five-member Board of Directors of "the Mother Church." an ecclesiastical body which had terminated with the decease of Mary Baker G. Eddy.

30. This action was perpetrated to retain their ecclesiastical authority over the world-wide Christian Science Movement, an action Mary Baker G. Eddy had sought to prevent by conveying "further trust" in the March 19, 1903 Deed of Trust.

31. The petitioners, United Christian Scientist, Inc., requested that the appointment of Michael B. Thorneloe be revoked, because "his office is not named as successor-trustee under the September 1, 1892 and March 19, 1903 Deeds of Trust, the September 13, 1901 Last Will and Testament, nor the May 14, 1904 Second Codicil to the last Will and Testament of Mary Baker G. Eddy.

32. The petitioners also requested that the court appointed trustees of said trust estate, Hal M. Friesen, Jean S. Hebenstreit, H. Dickson Rathburn, and Harvey W. Wood, be revoked, and that four new trustees be appointed by the Court.

33. These four grantees, being the legitimate successors under the trust conveyed to them in the September 1, 1892 Deed of Trust, and the "Board of Directors of The First Church of Christ, Scientists, in Boston Massachusetts," by their refusal to assume only the limited duties of their office, have breached the "further trusts" conveyed to them in the March 19, 1903 Deed of Trust and have therefore shown unfitness to receiving or administering the Trusteeship of the New Hampshire Probate Court.