USA > Massachusetts > Middlesex County > Cambridge > Catalogue of the Lots in Mount Auburn Cemetery: Names of the Proprietors, 1860 > Part 1
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S 207
US 13207.25.64
5
TAS
HARVARD COLLEGE LIBRARY
.
NOTICE
TO THE
PROPRIETORS OF MT. AUBURN.
THE first number of the Second Volume of the MT. AUBURN MEMORIAL will be issued on the first of July next. The proprie- tors are happy to state that this sheet has awakened a very deep interest wherever it has been circulated. As the only paper of this particular stamp in the world, it is calculated to present an entirely new field for both writer and reader. To those who hold an interest in these consecrated grounds, it is of great importance. gathering up, from week to week, articles upon the distinguished men who slumber here, and all items of interest connected with our beautiful city of silence.
The delay in commencing the new year is owing to the neces- sity of reprinting some of the early numbers of the the last year. with which to supply a number of new subscribers who are de- sirous of binding the first volume. The price will be reduced to $1.50 per year for single subscribers.
We have yet on hand a few complete sets of the first volume. which, when bound, make a volume of over Four Hundred pages of Biography, Miscellany, Editorials, etc., with an index, -a book, the interest of which will increase, as a faithful record of the carly history of Mt. Auburn, its successive additions and improvements, up to the date of the last number of the volume.
All Proprietors not already subscribers, should at once secure the first volume, as well as send in their subscriptions for the next year.
Respectfully, T. II. & DE F. SAFFORD, Editors Mt. Auburn Memorial.
-
O CATALOGUE
OF THE
Lots in Mount Auburn Cemetery;
NAMES OF THE PROPRIETORS
AND
REPRESENTATIVES OF DECEASED PROPRIETORS ;
THE
CHARTER, BY-LAWS, ETC.
BOSTON: AUSTIN J. COOLIDGE, 39 COURT STREET. 1860.
LIS 13207.25.64
S
HARVARD COLLEGE Mix. 1 28, 1034 LIBRARY
..
PRESS OF THURSTON & MILES, Chronicle Office, Cambridge.
CONTENTS.
OFFICERS AND COMMITTEES FOR 1860,
4
INTRODUCTION,
5
CHARTER,
13
BY-LAWS,
.
29
LEGAL FORMS IN USE,
53
REGULATIONS FOR VISITORS,
·
60
OFFICERS, FROM THE BEGINNING,
63
AVENUES AND PATHS, 65 .
LOTS TO BE KEPT IN REPAIR,
69
NUMERICAL CATALOGUE OF LOTS AND PROPRIETORS,
71
PROPRIETORS WHO HAVE THE RIGHT TO LOCATE,
165
PROPRIETORS IN ALPHABETICAL ORDER,
166
.
CORRECTIONS,
208
Officers of the Corporation.
JACOB BIGELOW, President, 42 Mount Vernon Street.
AUSTIN J. COOLIDGE, Secretary, 39 Court Street.
GEORGE WILLIAM BOND, Treasurer, 127 Milk Street.
-
TRUSTEES.
WILLIAM T. ANDREWS,
CHARLES C. LITTLE,
EDWARD AUSTIN,
CHARLES G. NAZRO,
JACOB BIGELOW,
EDWARD S. RAND,
JAMES CHEEVER,
JAMES READ,
URIEL CROCKER,
JACOB SLEEPER,
CHARLES P. CURTIS,
EDWARD S. TOBEY.
JONATHAN MANN, Superintendent, At the Cemetery.
TRUMAN H. SAFFORD, Clerk and Gate Keeper.
ALEXANDER WADSWORTH, Surveyor, 74 City Exchange, 10 Devonshire St.
COMMITTEE ON FINANCE.
CHARLES C. LITTLE, CHARLES G. NAZRO.
COMMITTEE ON LOTS.
CHARLES P. CURTIS,
WILLIAM T. ANDREWS,
EDWARD AUSTIN.
COMMITTEE ON GROUNDS.
JACOB BIGELOW,
JAMES CHEEVER,
-
JAMES READ,
JACOB SLEEPER,
EDWARD S. RAND.
COMMITTEE ON REGULATIONS AND RECORDS OF INTERMENTS. EDWARD S. TOBEY, URIEL CROCKER.
INTRODUCTION.
THE seventh Catalogue makes its appearance three years after the publication of the sixth. Numerous changes are apparent upon its pages, but time has been no less busy with the facts than the figures. About three hundred and fifty proprietors have been added to the list, and not less than one hundred and fifty have been gathered to the shades of Mount Auburn. The early proprietors have held their lots upwards of twenty-five years, and the mortality in their ranks is visibly increasing. The present number of lot owners being about 3,000, upon the usual estimate of duration of human life, nearly one hundred of these must annually become tenants of this consecrated spot. Hence, in order that the systematic regulation of the affairs of the Cemetery may not be disturbed, it is obviously import- ant to keep the places of the departed supplied with living representatives, and the prompt attention of the families or friends of such proprietors is invited to this point. By great efforts, extensive correspondence, and personal appeal, repre- sentatives have been designated for the lots of nearly all de- ceased proprietors - now numbering about five hundred. In endeavoring to attain this result, the completion of the Catalogue was delayed for some time; but as the deficiencies in this list are so nearly made up, it is believed that, by punctually noti-
6
INTRODUCTION.
fying the parties in interest, whenever new cases may occur, the task of preparing future editions of the Catalogue need not, for this cause, be made more difficult.
For the sake of diminishing the danger of destruction, and of making it more readily accessible to proprietors, a duplicate Register of Interments has been made, and will be kept at the office of the Secretary.
An extensive survey of the whole Cemetery, indicating the lots and the intermediate spaces upon a scale of twenty feet to the inch, is now in progress, and will be completed during the pres- ent season. This will enable persons wishing to purchase, to see the position of the unsold lots or pieces of land, as it will also proprietors to ascertain the number of feet in the spaces adjacent to their lots, and, at a very moderate cost, protect them- selves from the possibility of any future appropriation thereof to the use of other persons.
For the purpose of guarding against mistakes, and of bring- ing more directly to the notice of proprietors the various mat- ters which require attention, some further observations are here inserted under the head of ,
MEMORANDA FOR PROPRIETORS.
TRANSFERS.
The Records of the Corporation are the only evidence of the title of a proprietor recognized by the corporation. Conse- quently, when a person receives a lot by transfer rom a pro- prietor, he should send his deed at once to the office of the Secretary for record. This suggestion would almost seem un- necessary, but experience has proved it otherwise, since the record of such transfers has sometimes been neglected for years, and sometimes the deed has been sent to the County Registry for record.
7
INTRODUCTION.
TRANSFER BY WILL.
The foregoing remarks are also applicable to lots devised to any person. The certified copy of the will containing any such devise, should be exhibited to the Secretary, and the proper extract from the same, with the necessary certificate, will be recorded upon the book of Special Transfers, and reference made thereto upon the original record. It matters not whether such devise is expressed in such general terms as are usually con- tained in the residuary clause, or whether the lot is specifically mentioned ; in either case, the record should be made.
Persons can, since the act of the Legislature of 1859, dispose of their lots by will, either to one person specifically named, or to "heirs at law," "devisees," or "trustees," who take as tenants in common, but, under the construction of Sec. 8 of the Charter, are treated as one person, in law, and for whom, or of whom, some one is designated to represent the lot. If, however, the design is to devise the lot for the benefit of a number of in- dividuals, the less circuitous and more practicable method is to . - make such devise to one person as trustee.
SOLE HEIR AT LAW.
By reference to the 8th Section of the Charter, and to the 20th By-Law, it will be seen that provision is made for any one who claims to be the sole heir-at-law of a proprietor, to assert his title to a lot. By making the affidavit required, he will gain a presumptive title, and will be treated as the proprietor until his claim to the lot shall be shown to be void.
8
INTRODUCTION.
REPRESENTATIVE OF A DECEASED PROPRIETOR.
Section 8th of the Charter, and Articles 16th and 20th of the By-Laws, indicate the importance of giving attention to this matter. The need of such representative results from the pro- vision of the Charter that a lot can have but one proprietor. Consequently, upon his death, whenever it may fall by devise or inheritance to several persons, provision is made for one of them to step into the place of such proprietor, and exercise the legal control of the lot during the continuance of his appoint- ment, which may last for his lifetime, or he may be superseded at any time, as circumstances shall require. Of course, there- fore, no heir or devisee parts with any title which he may have, by reason of such appointment of his co-heir or devisee. It is · the practice of the Trustees to appoint such representative upon the petition of the parties in interest, in which the person deemed by them most suitable or desirable is nominated. Such person may be the husband or the widow of the deceased, or either of the children of proper age, the guardian of minor children, or & trustee under the will - preference generally being given, however, to a person resident in this vicinity, or to the one re- siding nearest to the Cemetery.
A blank for such petition may always be had upon application to the Secretary, who will furnish any requisite information upon the subject.
CARE OF LOTS.
For the transient care of lots, proprietors are at liberty to contract with any suitable person whom they may select; but they are recommended to employ the person who holds the ap-
.
9
1
INTRODUCTION.
pointment of Gardener under the Trustees, he being considered as responsible to the Corporation for any abuse of trust. They should be particular to specify, so far as is in their power, what care they desire to be devoted to their lots, and contract for the same at a fixed price, and sign their names to such agreement in a memorandum book kept for the purpose. By this means the danger of mistakes and occasions of difference will be avoided. If proprietors desire the perpetual care of their lots, it is com- petent for them to make a contract to that effect with the Corpo- ration. This is fast becoming a favorite method with owners of lots, and should be resorted to by all who can spare a sum, the in- come of which is sufficient for the purpose. An object so easily secured in one's lifetime, or, if not then convenient, under his last will, should never be relinquished to the caprices of fortune, or the supposed gratitude and affection of kindred, while dilapi- dated lots and neglected graves in all our cemeteries are so often the monuments of ingratitude or extinguished respect. The 29th By-Law gives further information upon this subject.
INTERMENTS.
Much confusion and trouble has arisen from proprietors too frequently allowing or requesting the undertakers to sign the orders for interments. As the Register of Interments is made up entirely from these written orders, it will be seen that the danger of mistakes in names and other important facts, is too great, to intrust this duty to strangers to the parties, who must necessarily write them upon the information of others, and in the hurry of business. Holders of lots, are therefore requested to remember that one of the By-Laws requires that the order for interment shall be made "by the proprietor of the lot, or his
10
INTRODUCTION.
legal representative," and that every order signed by the un- dertaker will be refused. Great pains have been taken to cor- rect the old register, in which were found too many errors arising from this source, and this labor will appear to have been lost unless the practice shall be discontinued.
ERRORS AND CHANGES IN THE CATALOGUE.
Whenever any errors are noticed in the Catalogue or Plan, in the names of proprietors, or the number or location of their lots, or when they desire a change of residence to be entered, notice should be given at once to the Secretary.
VALUE AND COST OF THE CEMETERY.
As Mount Auburn was, in point of time, the first of American rural cemeteries, so, without disparagement to others, it stands, perhaps, by the general confession, at the head of all - not in extent of territory, nor in populousness -but, in its natural beauties, and its elements of stability and permanency. This last word, however, reminds the writer of the remark of a gen- tleman the other day, that doubts about the permanent existence . of Mount Auburn had been injected into his mind in only one way, and that was by contemplating the remote possibility of Boston being the object of attack by a hostile beleaguering army, which should be reduced to the necessity of breaking up the iron fences and monuments to carry on the bombardment.
For the benefit of proprietors who have often expressed a de- sire to know the cost of the various solid improvements, and the value of the permanent resources of the Cemetery, some items are here inserted, collected in part from the History of Mount
11
INTRODUCTION.
Auburn, by Dr. Jacob Bigelow (just published), and in part from the Reports of the Treasurer.
First purchase, in 1831, 73 acres, cost, $ 6,000.00
Additional purchases, 36 acres, 0 qrs. 8 rods, cost, 4,443.87
Stone Farm, in 1854, 16 " 1 qr. 18,8% " " 24,120.00
125 acres, 1 qr. 21,8% rds. 34,563.87
Wooden Enclosure (which stood until 1844),
$ 2,636.65
Gateway ( " 1842), 1,366.00
Stone
about 9,535.00
Iron Fente, 4,364 ft.,
26,958.59
Palisade Fence, South and West sides,
3,950.00
Chapel, first cost, of which $7,000 was from private contributions,
23,123.00
Chapel, - rebuilding,
16,900.00
Tower,
22,000.00
Three Statues,
15,000.00
The Story Statue, of equal value with either of the others, was purchased by private contributions. House and Land occupied by the Superintendent, about 6,892.91
The walling in of ponds, construction of avenues and paths, and grading of lands, are not susceptible of separate computation; but the whole cost of the Cemetery, to 1860, according to the Treasurer's last report, has been $ 284,423.98 .
Surplus Funds, at market value, consisting of real Estate, Stocks, Notes, and Cash (besides deposit for Permanent Fund), ·
37,200.24
Deposit towards Permanent Fund of $ 150,000, for Repair of Grounds, which will amount at end of year, to near $ 20,000, · . 14,918.72
12
INTRODUCTION.
Fund for Repair of certain Lots contracted for, 14,313.50 Average Annual Income from Sales of Land for last two years, · 25,055.23
The present value of the Land in the Cemetery, computing it at the current price, with the pub- lic and private improvements that have already been made, cannot fall below .
$ 3,000,000.00
AUSTIN J. COOLIDGE, Secretary.
BOSTON, June1, 1860.
Commonwealth of Massachusetts.
AN ACT
IN ADDITION TO AN ACT ENTITLED "AN ACT TO INCORPORATE THE MASSACHUSETTS HORTICULTU- RAL SOCIETY."
1831.
Section 1. Be it enacted by the Senate and House of Representatives, in General Court as- sembled, and by the authority of the same, That the Massachusetts Horticultural Society be and hereby are authorized, in addition to the powers already conferred on them, to dedicate and appro- priate any part of the real estate now owned or hereafter to be purchased by them, as and for a Rural Cemetery or Burying Ground, and for the erection of Tombs, Cenotaphs, or other Monu- ments, for or in memory of the dead : and for this purpose to lay out the same in suitable lots or other subdivisions, for family and other burying places ; and to plant and embellish the same with
14
ACTS OF THE LEGISLATURE.
shrubbery, flowers, trees, walks, and other rural ornaments, and to enclose and divide the same with proper walls and enclosures, and to make and annex thereto other suitable appendages and conveniences, as the Society shall from time to time deem expedient. And whenever the said Society shall so lay out and appropriate any of their real estate for a Cemetery or Burying Ground, as aforesaid, the same shall be deemed a perpetual dedication thereof for the purposes aforesaid ; and the real estate so dedicated shall be forever held by the said Society in trust for such purposes, and for none other. And the said Society shall have authority to grant and convey to any person or persons the sole and exclusive right of burial, and of erecting tombs, cenotaphs, and other monuments, in any such designated lots and subdivisions, upon such terms and conditions, and subject to such regulations as the said Society shall by their by-laws and regulations prescribe. And every right so granted and conveyed shall be held for the purposes aforesaid, and for none other, as real estate, by the proprietor or proprie- tors thereof, and shall not be subject to attach- ment or execution.
. Section 2. Be it further enacted, That for
15
ACTS OF THE LEGISLATURE.
the purposes of this Act, the said Society shall be and hereby are authorized to purchase and hold any real estate not exceeding ten thousand dol- lars in value, in addition to the real estate which they are now by law authorized to purchase and hold. And to enable the said Society more effect- ually to carry the plan aforesaid into effect, and to provide funds for the same, the said Society shall be and hereby are authorized to open sub- scription books, upon such terms, conditions, and regulations as the said Society shall prescribe, which shall be deemed fundamental and per- petual articles between the said Society and the subscribers. And every person who shall become a subscriber in conformity thereto, shall be deemed a member for life of the said Society without the payment of any other assessment whatsoever ; and shall moreover be entitled, in fee simple, to the sole and exclusive right of using, as a place of burial, and of erecting tombs, cenotaphs, and other monuments, in such lot or subdivision of such Cemetery or Burying Ground, as shall, in con- formity to such fundamental articles, be assigned to him.
Section 3. Be it further enacted, That the President of the Society shall have authority to
1
16
ACTS OF THE LEGISLATURE.
call any special meeting or meetings of the said Society, at such time and place as he shall direct, for the purpose of carrying into effect any or all the purposes of this Act, or any other purposes within the purview of the original Act to which this Act is in addition.
AN ACT TO INCORPORATE THE PROPRIETORS OF THE CEMETERY OF MOUNT AUBURN. 1835.
Section 1. Be it enacted by the Senate and House of Representatives, in General Court as- sembled, and by the authority of the same, That Joseph Story, John Davis, Jacob Bigelow, Isaac Parker, George Bond, and Charles P. Curtis, together with such other persons as are proprie- tors of lots in the Cemetery at Mount Auburn, in the towns of Cambridge and Watertown, in the County of Middlesex, and who shall in writing signify their assent to this Act, their successors and assigns, be and they hereby are created a Corporation, by the name of the Proprietors of the Cemetery of Mount Auburn, and they shall
17
ACTS OF THE LEGISLATURE.
have all the powers and privileges contained in the statute of the year one thousand eight hun- dred and thirty-three, chapter eighty-three.
Section 2. Be it further enacted, That the said Corporation may take and hold in fee simple the Garden and Cemetery at Mount Auburn, now held by the Massachusetts Horticultural So- ciety, and any other lands adjacent thereto, not exceeding fifty acres in addition to said Garden and Cemetery, upon the same trusts and for the same purposes, and with the same powers and privileges as the said Massachusetts Horticultural Society now hold the same by virtue of the statute of the year one thousand eight hundred and thirty-one, chapter sixty-nine; and may also take and hold any personal estate not exceeding in value fifty thousand dollars, to be applied to purposes con- nected with and appropriate to the objects of said establishment.
Section 3. Be it further enacted, That all per- sons who shall hereafter become proprietors of lots in said Cemetery, of a size not less, each, than three hundred square feet, shall thereby become members of the said Corporation.
Section 4. Be it further enacted, That the . officers of the said Corporation shall consist of
2
ACTS OF THE LEGISLATURE.
not less than seven nor more than twelve Trus- tees, a Treasurer, Secretary, and such other offi- . cers as they may direct. The Trustees shall be elected annually, at the annual meeting, and shall hold their offices until others are chosen. And they shall choose one of their number to be Presi- dent, who shall be also President of the Corpo- ration ; and they shall also choose the Secretary and Treasurer, either from their own body or at large. And the said Trustees shall have the general management, superintendence, and care of the property, expenditures, business, and pru- dential concerns of the Corporation, and of the sales of lots in the said Cemetery, and they shall make a report of their doings to the Corporation at their annual meeting. The Treasurer shall give bonds for the faithful discharge of the duties of his office, and shall have the superintendence and management of the fiscal concerns of the Corporation, subject to the revision and control of the Trustees, to whom he shall make an an- nual report, which shall be laid before the Cor- poration at their annual meeting. And the Secretary shall be under oath for the faithful performance of the duties of his office, and shall record the doings at all meetings of the Corpora- tion and of the Trustees.
19
ACTS OF THE LEGISLATURE.
Section 5. Be it further enacted, That the annual meetings of said Corporation shall be holden at such time and place as the by-laws shall direct, and the Secretary shall give notice thereof in one or more newspapers, printed in Boston, seven days at least before the time of meeting. And special meetings may be called by the Trustees in the same manner, unless otherwise directed by the by-laws; or by the Secretary, in the same manner, upon the written request of twenty members of the Corporation. At all meetings, a quorum for business shall con- sist of not less than seven members; and any business may be transacted, of which notice shall be given in the advertisements for the meeting, and all questions shall be decided by a majority of the members present, and voting either in person or by proxy.
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