Mount Auburn Cemetery

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3591

Nath^l I. Hadley of Cambridge, brother & one of heirs of late Martha E. Hadley, tenants in common of lot numbered 3591.

Adjourned Attest Austin J. Coolidge Sec.y

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Conveyance _ Corporation to Mary Hemenway and Mary Hemenway to Corporation _ Dated May 5, 1866 _

Conveyance to and Release from

Mary Hemenway

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Whereas the Proprietors of the Cemetery of Mount Auburn have by their deed heretofore, to wit, on the Eleventh day of December, A.D. Eighteen hundreed and sixty three, conveyed to Mary Hemenway of Boston, in the county of Suffolk and Commonwealth of Massachusetts certain land in said Cemetery for onramental purposes, bounded on the southerly side by Cowslip Path, and on the northerly side by Thistle Path, as said paths were then laid down, on a plan accompanying said deed, containing fifteen thousand two hundred and five square feet, more or less, which deed and plan are recorded with the records of the doings of the Trustees and the Corporation in volume 3^d page 309, said land being occupied in part by a basin and fountain;

And whereas, for the mutual convenience of both parties to said deed a change of the Creation of said Cowslip Path has been proposed, whereby said path will be brought nearer to said fountain, and

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the ways leading to the same from the highway, in fee simple; that they are free from all incumbrances; that the Corporation have a right to sell and convey the said premises to the said Mary Hemenway for the purposes above expressed; and that they will warrant and defend the same to the said Mary Hemenway her heirs and assigns forever.

And the said Proprietors of the Cemetery of Mount Auburn for the covenant to and with the said Mary Hemenway her heirs and assigns, that the provisions of an order passed by the Trustees of this Corporation on the 6^th day of April 1857, for the establishment and security of a fund for the preservation of the Cemetery and its appurtenances, and the further provisions of an order adopted by said Trustees on the 4^th day of November A.D. 1861, requiring that certain spaces in the Cemetery be forever kept open, and that no interments be ever made, nor buildings nor monuments of any description be erected thereon (both which are made parts of this covenant as if herein repeated,) shall be forever kept, observed and performed by said Corporation.

And the said Mary Hemenway in consideration of the premises, and of the conveyance of said land last herein described, doth hereby forever remise, release, and quitclaim to said Proprietors of the Cemetery of Mount Auburn, all the land situated upon the southerly side of the northerly line of Cowslip

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Proposition to take gravel from sides of Laurel Av^e _

"That for the necessary uses of the Cemetery, the Superintendent be authorized to take earth and gravel from the sides of Laurel Hill, by lowering the upper and oval part of Laurel Avenue, not more than fifteen feet, and removing the earth and gravel upon and adjacent to the same so far as it can be done without trespassing on the rights of proprietors.

Drainage of the swamp between Thistle & Anemone Paths.

Dr. Bigelow read a communication from the Superintendent in relation to draining the low swampy piece of ground between Thistle and Anemone Paths into the pond at the southwesterly corner and mostly outside of the Cemetery, at an expense probably of $200 to 250. _

On motion of Mr Andrews, it was Voted that the Committee on Grounds be authorized to have such drain constructed, from said swamp to the point indicated in such manner as they shall be satisfied will best answer the purpose. _

Proposition of Mrs M. Hemenway in reference to Fountain _

Dr Bigelow also submitted the following proposition from Mrs Mary Hemenway. _

(Copy)

"Boston Nov. 6. 1862

If the Corporation of the Cemetery of Mount Auburn, will construct a fountain opposite my lot in the low land between Thistle and Cowslip Paths equal to the fountain in the Lawn, and which shall be kept

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running as long as that fountain, and if they will also convey to me by deed one half of the said low land and half of the adjacent land between Cowslip and Anemone Paths, to be forever kept open and in good condition, I will pay them six thousand dollars, as soon as the fountain is made.

Mary Hemenway"

Mrs Hemenway's Proposition referred to Com^ee on Grounds to report upon at adj^d meeting.

After some discussion of said proposition,

On motion by Mr Curtis, it was

Voted, that the subject be referred to the Committee on Grounds with instruction to report at an adjourned meeting to be held on Monday next, among other things specifically the cost of the execution of the work, the quantity of land proposed to be conveyed to Mrs Hemenway, the cost of keeping up the fountain, and of the care of the grounds thus to be kept open, with such other facts as they may think proper. _

The meeting was then adjourned for one week.

Attest Austin J. Coolidge Sec.y.

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Trustees _ adj^d meeting _ Dec. 8. 1862 _

An adjourned meeting of the Trustees was held on Monday, December 8^th 1862, at 10 o'clock a.m.

There were present, Messrs Andrews, Bigelow, Cheever, Crocker, Curtis, Nazro, Read and Sleeper.

The record of the last meeting was read.

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thousand five hundred dollars ($3,500) according to the items furnished by Mr Shedd's estimate.

The land, which is by convenant to be kept open forever, is the smallest amount which would allow the fountain to be seen to any advantage. Indeed if half as much more land were added, it would increase the beauty of Mount Auburn, and add to the desirableness of the surrounding lots which will be prepared for sale.

The works being already made for running two fountains, a third fountain can be carried on with the same works, for an additional expense in coal, labor and repairs not probably exceeding one hundred dollars per annum. _"

After some conversation on the subject, Mr Curtis submitted the following motion

"That the Trustees will accept the offer of Mrs Hemenway, dated Nov^r 6, 1862 _ for the construction and maintenance of a fountain, and the appropriation of certain land to her use for ornamental purposes, _ with the exception of the land between Cowslip and Anemone paths, the Horticultural Society assenting thereto."

"That this subject be referred to the Committee on Grounds to arrange the details of a contract with Mrs Hemenway."

Mr Curtis further moved that the vote on