Trustees Records, Vol. 4, 1865 (page 065)

65

the ways leading to the same from the highway, in fee
simple; that they are free from all incumbran-
ces; that the Corporation have a right to sell and
convey the said premises to the said Mary Hem-
enway 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 inter-
ments 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 con-
sideration 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 Cem-
etery of Mount Auburn, all the land situated upon
the southerly side of the northerly line of Cowslip