Kohlmeier
Kohlmeier v. Christian Science Board of Directors
Opinion
Lead Opinion
Jeffersonbernard, J.
This is an appeal and cross-appeal from an order of the probate court directing distribution of income of a testamentary charitable trust.
Bella Mabury died October 16, 1964. Her will, dated September 29, 1961 (including two subsequent codicils), was admitted to probate on November 9, 1964. The order for preliminary distribution, which established her testamentary trust, was entered on September 24, 1965.
The trust instrument provided that, during the existence of the trust, trust income was to be accumulated and to become principal of the trust estate. After the decease of Eloise Mabury Knapp, a sister of the testatrix, the trust was to terminate whenever either of the following events first occurred: (1) when The Mother Church, The First Church of Christ, Scientist, in Boston, Massachusetts, and the Trustees of the Christian Science Publishing Society (hereinafter referred to as the Church) shall have caused to be published as official church literature a certain book, written by Bliss Knapp, entitled “The Destiny of the Mother Church” (hereinafter referred to as The Book) as specified in the *973 trust instrument; or (2) upon the expiration of 21 years after the…