Suffolk Probate and Family Court, 24 New Chardon Street, Boston Massachusetts
02114
Case No. 07e0072
DAVID E. ROBINSON, et al, pro se______________________ Plaintiff v. CHRISTIAN
SCIENCE BOARD OF DIRECTORS, et al______ Defendants
Exhibit BBBB Restrictive Covenant Control
1. Mary Baker Eddy discovered Christian Science and founded the Christian Science
Church. She legally named the congregation of her church: "The First Church
of Christ, Scientist, in Boston, Massachusetts," -- and her students began to
call it "Mothe's Church" and later "The Mother Church."
2.
To govern The First Church of Christ, Scientist, in Boston, Massachusetts, she established
a board of four trustees to maintain the church, calling them directors, and she
wrote a Manual of bylaws to govern her students and the established board.
3.
When she realized that her directors intended to takeover her church as soon as she
passed on, she placed a restrictive covenant in the ten lawfully registered deeds
of trust that were held by the four trustees for the local congregation, -- to control
the use the property on which their buildings stand and to assure her that "no
new...bylaw shall be adopted, nor any...bylaw amended or annulled by the grantees"
after she passed on.
4. As a second witness to this act, she placed the restrictive
covenant as a confirming bylaw in the Manual that is adapted to the local Mother
Church church only.
5. "At the mouth of two witnesses...shall the matter
be established." -- Deuteronomy 19:15.
6. This confirming bylaw is accepted
by all parties thereto as a condition for their use of the property on which the
buildings of the local congregation stand. (see Manual, page 105).
7. By inserting
this restrictive covenant into the Manual of the Mother Church, Mrs. Eddy established
the Manual as a legal instrument whose secular non-religious parts are subject to
the adjudication of the courts. This assured her that the trusts granted to the local
congregation by the real estate deeds of trust be forever honored and obeyed.
8.
This control of the bylaws in the Manual of the Mother Church by the restrictive
covenants repeated in the real estate deeds of trust established the Manual as a
legal instrument as far as any adopting, amending or annulling of said bylaws is
concerned; a control that is basic to the legal enforcement of the trusts granted
to the local Boston congregation.
9. Mrs. Eddy established this method of
maintaining perpetual control over her Cause after her demise, to ensure that her
directives for her Cause be forever honored, free of alteration or annulment by any
material organization.
10. Even so, the directors withheld from the courts
material evidence regarding the foundational documents of the local church and therefore
are accomplices to their predecessors' fraud in usurping the church.
11. No
court has ever construed the restrictive covenants in the local congregation's 1903-1904
deeds of trust in conjunction with the estoppel clauses in the Manual pertaining
to the Mother Church to which they attach. The present members of the Board of Directors
of the Mother Church have thereby acquiesced to changes to and annulments of the
bylaws of the organization.s Manual in violation of the bylaws that they are lawfully
and legally bound to obey.
12. The end and aim of the Trust Mrs. Eddy granted
to the local congregation and the estoppel Manual that she devised was "the
promotion of Christian Science as taught by me [meaning Mrs. Eddy]." She never
authorized the five member Board of Directors of the Mother Church to succeed her
in any way, except to be her temporary agents to transact the business of the church
in her behalf until her demise.
13. Mrs. Eddy knew that any party to the restrictive
covenants in real estate deeds of trust can demand that they be enforced by the courts
of the land, meaning anybody in the congregation of the church.
14. Members
of the Board of Directors of the material organization colluded with the directors
who usurped Mrs. Eddy's Cause converting it into an hierarchical organization --
which it never was before -- in violation of the restrictive covenants in the local
congregation.s real estate deeds of trust and in violation of the estoppel clauses
in the Manual of the Mother Church.
15. The last authorized edition of the
Manual of the Mother Church was the 88th Manual that was legally in effect when Mrs.
Eddy passed on in 1910. However an 89th edition was published by the directors of
the Mother Church in 1911, without Mrs. Eddy's written notice to the Field, or her
consent.
16. All of the directors since 1910 have utilized the 89th Manual
to usurp Mrs. Eddy's Cause and defraud her independent congregations throughout the
world, converting them into an hierarchical church by surreptitiously adding the
phrase, "and Branch Churches," to two of the headings in the Manual that
is adopted to the material organization only.
17. The directors changed the
bylaw heading on page 120 from "Present Order of Services in The Mother Church"
to "Present Order of Services in The Mother Church and Branch Churches,"
-- and the bylaw heading on page 127 from "Order of Exercises for the Sunday
School of The Mother Church" to "Order of Exercises for the Sunday School
of The Mother Church and Branch Churches" But they forgot to add these changes
to the Manual's Table of Contents on page 14.
18. These additions to the Manual
enabled the directors of the material organization to gradually assert control of
Mrs. Eddy's branch congregations that before that had been independent and detached.
19.
The Manual is adapted to the Mother Church only, not to Mrs. Eddy's branch congregations.
(Manual, p.104).
20. It is the official duty of the officers of the material
organization to comply with any written or published order authorized by the grantor
that applies to their official function. (Manual, Art. XXII § 3, p.65).
21.
The 1892 Deed of Trust was granted to the local congregation's four trustees. Mrs.
Eddy later formed a five man Board of Directors in 1903 and afterward deeded more
land to the permanent four man Board of Trustees of the local congregation, under
the 1892 Deed of Trust, showing her recognition of the two different boards.
22.
Mrs. Eddy granted the 1903-1904 Deeds of Trust to the permanent board of trustees
of the congregation even though the five man Board of Directors had been formed to
transact the business of the Mother Church until its dissolution at her demise.
23.
Mrs. Eddy never allowed the Manual of the Mother Church or the Textbook of the Denomination
to be revised without her written consent.
24. Mrs. Eddy insisted that the
Board of Directors must obey the bylaws in the Manual at all times, but the Board
of Directors often objected to the bylaw pertaining to them in the material organization's
Manual on page 26 that states that "They shall fill a vacancy occurring on that
Board (not the local congregation's permanent board of trustees) after the candidate
is approved by the Pastor Emeritus of the material organization [Mrs. Eddy]."
25.
A Pastor Emeritus is a pastor who forever holds an honorary title corresponding to
that held last during active service; a Pastor Emeritus is a pastor forever.
26.
As Pastor Emeritus, Mrs. Eddy, has been permanently listed in the estoppel Manual
forever on page 25 as an extant officer of the material organization that passed
on with her in 1910, leaving The First Church of Christ, Scientist, in Boston, Massachusetts
(the church congregation) in its place.
27. Mrs. Eddy refused to change or
annul her "God given bylaws" in the Manual and refused to grant final authority to
anyone or any board. The final authority of her church organization rests in the
church Manual that she wrote.
28. A 1910 director of the material organization
later confessed that:
29. "None of us at that time recognized the evolutionary
system of government requiring dissolution and reconstruction at the beginning of
each new period of discovery and leadership. There being no legal challenge to us
Directors, there was nothing to stop us from carrying out the advice given by counsel.
Had the position been challenged at that time, there is little doubt that the whole
history of the Christian Science movement would have been different."
30.
A Massachusetts court ruled in 1921 that "there can rightfully be no change
in the provisions of the bylaws of the Manual since Mrs. Eddy's passing in 1910."
31.
Restrictive covenants in real estate deeds of trust constitute a grantee's promise
and pledge.
32. The material organization's directors and their predecessors
have never been financially accountable to anyone who was not under their directions
and control, since Mrs. Eddy passed on in 1910.
33. The Trustees under the
Will of Mary Baker Eddy obtained their official sanction from the Probate Court of
New Hampshire in 1913 by withholding the truth about their status of not being
dissolved. They later sold the local congregation's copyrights to Mrs. Eddy's works
to themselves as directors of the Mother Church for reportedly $2,000,000.00 even
though Mrs. Eddy had bequeathed the copyrights to the local congregation several
years prior to that time.
34. At least two Manual plate changes were made
before Mrs. Eddy's demise so that the 88th estoppel Manual could be converted
into the illicite 89th Manual upon her demise.
35. InWeaver v. Wood,
both parties agreed in advance torecognize only the Deeds of Trust of 1892
and 1898, to the exclusion of the Deeds of Trust of 1903-1904 for the Extension,
so that the Massachusetts courts would not rule on the Restrictive Covenants in the
1903-1904 Deeds of Trust in relation to the Estoppel Clauses in the organization's
Manual.
36. The directors sold Mrs. Eddy's residence of many years in Concord,
New Hampshire, called Pleasant View -- even though it had been willed to the local
congregation upon her demise -- for $2,000,000 when it was soon thereafter appraised
for $10,000,000.
The Board of Directors of the organization has defrauded
Mrs. Eddy's character and Cause, the local congregation.s property, and the Affiant's
character, repute, happiness, and peace by standing mute regarding these claims.
What's
more, under Commercial Law their silence constitutes acceptance of these claims.
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