1. It is important for the Court to note that Robinson's 2007 Complaint involves
2 churches and 2 boards.
2. It involves The First Church of Christ, Scientist,
in Boston, Massachusetts and its perpetual 4-man Board of Directors which Mrs. Eddy
established under her Deed of Trust on September 1, 1892;
3. And it involves
the Mother Church, with its temporary 5-man Board of Directors which Mrs. Eddy established
under her Manual of The First Church of Christ, Scientist, in Boston, Massachusetts,
on February 7, 1903;
4. Mrs. Eddy established the temporary, ecclesiastical
5-man Board of Mother Church prior to her conveyance of land "for church purposes"
to the perpetual, fiduciary 4-man Board of The First Church of Christ, Scientist,
in Boston, Massachusetts, on March 20, 1903 -- thereby witnessing to and confirming
the establishment of the two separate and independent Boards.
5. The above
facts were obscured by the Counsel for the Publishing Society Trustees, either on
purpose or by mistake. (An attorney can color a case by leaving important points
out or by suggesting points that do not exist.)
6. In the Report of the Master,
Judge Fredrick Dodge, filed in Court on March 6, 1920, Judge Dodge states the following
in his report in item 19:
7. "Yet there have been conveyances since Jan.
10, 1901, to the trustees (or directors) under Mrs. Eddy's deed of 1892, of land
for the church's use upon the express condition that there should be no adoption
of new By-Laws or tenets except by a two-thirds vote of all First (or Executive)
Members, or by Mrs. Eddy's written consent. In one such conveyance Mrs. Eddy herself
was the grantor: Exhibit 972 dated March 3, 1904. Others made during her life by
other grantors are as follows: In March, 1903, Exhibits 794-800 inclusive. In May,
1904, Exhibits 745 and 746."
8. The Court was evidently not aware
of the full wording of the further trusts stipulated in the March 1903 Deeds of Trust,
the one cited in the Manual, "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 Scriptures," be given therefore . . ."
9. Had the Counsel
for the Trustees pointed out that there were two distinct and independent boards,
and not just two apparent boards having different functions, the Court might
have recognized that one of the boards, the temporary, ecclesiastical 5-man Board
of the Mother Church, ceased to exist upon Mrs. Eddy's demise due to the estoppel
cited in the Manual: Article 1, Section 5, on page 26.
10. This point made
the 5-man Board of Directors in that case, extinct -- and the conflict would have
been resolved.