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THE BRUSH WILL CASE

From the October 1901 issue of The Christian Science Journal


We herewith publish the full text of the decision of his honor, Surrogate Fitzgerald, of the Surrogates' Court of the city and county of New York. Most of our readers are no doubt familiar with this celebrated will contest which occupied weeks of time in its trial and in which eminent counsel were engaged on both sides. It was apparent to all disinterested observers that the opposition to the will of Miss Brush was more an attack upon Christian Science than upon the particular will in question. Indeed, according to the newspaper accounts at the time, this fact was conceded. In view of this, and other attempts to besmirch Christian Science and Christian Scientists, and to place them in a false light before the public, this decision of Surrogate Fitzgerald is most important, in that it is a complete vindication of Christian Science and of all connected with the matter involved, as well as an eminently sound exposition of the law relating to the execution of wills and trusts. It is a clear, concise, just, and strictly impartial decision. It will be read with deep interest by all.

We deem this decision of sufficient importance to warrant our devoting to its publication space that we ordinarily give to editorial matter.

We republish the decision from the New York Law Journal, an official legal publication of New York City, to which we are indebted for the full text of the decision. The decision is as follows:—

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