USA > Massachusetts > Hampshire County > Hatfield > History of Hatfield, Massachusetts, in three parts: I. An account of the development of the social and industrial life of the town from its first settlement. II. The houses and homes of Hatfield, with personal reminiscences of the men and women who have lived there during the last one hundred years; brief historical accounts of the religious societies and of Smith Academy; statistical tables, etc. III. Genealogies of the families of the first settlers > Part 44
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HISTORY OF HATFIELD.
ment, shall receive therefrom a meet recompense, or Salary, for their serv- ices-payable either annually, or at shorter periods, as may be deemed most expedient.
And I further direct that a suitable number of competent Instructors and Artists shall always be provided and employed in the various branches and departments of the Establishment, who shall have suitable salaries or com- pensation allowed them out of the income of said Fund or Establishment.
And I hereby further direct the said Board of Trustees having charge of the said fund of THIRTY THOUSAND DOLLARS, as soon as the same shall have been set apart and have become a distinct fund, annually thereafter to make an official Report in writing to the Inhabitants, or Town of Northamp- ton aforesaid, in legal Town meeting, of the actual condition, income, and amount of said fund, as then from year to year existing-unless the said Town refuse, or neglect for the space of two years to accept the trust hereby committed to it.
But in case the said Town shall refuse, or shall for the space of two years after the said fund shall have been separated from the other funds neglect to declare its acceptance of said trust subject to all the conditions and restric- tions herein specified in relation thereto-I hereby order and direct the said Trustees to transfer the said Agricultural Fund, together with the net income that shall then have accrued thereon, to the Contingent Fund in the Fifth Section hereafter provided for, to be thenceforth incorporated therewith and to constitute an integral part thereof.
And NEXT, In relation to the Fund of Ten Thousand Dollars primarily appropriated to the use of the
AMERICAN COLONIZATION SOCIETY ;
I hereby direct the said Trustees having charge of this fund to keep the same at all times safely and profitably invested and secured at interest as heretofore directed, and to manage the same as a distinct fund. And it shall be the duty of said Trustees, as soon as the said fund shall have been set apart as before directed, to give notice to said Society of the provisions of this Will in favor thereof-and also of the conditions, restrictions, and ulte- rior disposition to which the said fund shall then be-or may eventually become-subjected.
And if the said Society shall within six months thereafter signify to the said Trustees its acceptance of the trust confided to it-and shall also in writing give its assent to the terms and conditions prescribed in this Will in relation thereto; it shall thereupon become the duty of said Trustees annually to pay over to the Treasurer, or other prover Agent of said Society, all the net interest and income annually arising from said fund for the uses and purposes, and subject to all the conditions and restrictions following, viz.
All the monies received by the Society aforesaid from this fund shall be applied to the purpose of transporting persons of color from the United States to the Colony of Liberia, or to such other place as the said Society may select as the most suitable location for a Colony of Free or Emancipated Blacks; and for furnishing the usual supplies afforded to persons of that description after their arrival in that Country. The persons transported by means of this fund shall be designated by some particular distinctive name or appellation. And the said Society shall annually make report in writing to the Trustees of this fund, stating as far as practicable the situation and circumstances of the persons receiving the benefit of this fund; in order that the said Trustees, and through them the public at large, may be the better able to judge, whether the money is judiciously and properly expended; and to estimate more correctly the value and importance of these philanthropic efforts, which are now making throughout the Country for the relief and elevation of that degraded class of mankind.
But if at any time after the expiration of five years from the time of the first payment of said income to the said Society, the inhabitants of the Town of Northampton shall decide bv a legal vote thereof that in their opinion this fund would be more beneficial to the community at large, if it were appropriated to the use of Smith's Agricultural School as established
491
APPENDIX.
in this Will-and shall submit the question to the decision of the Justices of the Supreme Judicial Court of Massachusetts either as arbitrators, or otherwise, reasonable notice of said proceedings having been given to the Treasurer, or some other Officer of said Society, and the said Justices, or a majority of them, shall thereupon decide in favor of such vote of the Town, and confirm the same-In that case the said Trustees shall no longer pay over said income, nor any part thereof, to the said Society. And it shall then be the duty of said Trustees forthwith to unite this fund with the said Agricultural fund; and the two funds thus incorporated shall thenceforth constitute one entire fund, the whole net income of which shall be applied to the uses and purposes heretofore specified and declared in relation to said Agricultural Fund. But if the decision of said Justices shall not confirm the vote of said Town, such decision shall not be a bar to any similar appli- cation to be made to them afterwards for the same purpose; provided that said application shall never be twice sustained or acted upon within the term of any five successive years.
And in case the said Society shall refuse-or neglect to accept said trust, within the time before limited-or having accepted it, shall neglect for the space of three successive years to make as above required-or if any of the money received by the said Society from this fund shall be applied to any other purpose than those before specified-Then, and in either case, this fund shall be forthwith withdrawn from the aid of said Society, and shall be incorporated with the Agricultural Fund as above directed, and shall become an integral part of the same. Provided however, that if the use of this fund shall become forfeited by said Society in any of the ways above pointed out, at any time after the said Agricultural Fund shall have been transferred to the Contingent Fund, as directed on the fourteenth page hereof,-then, and in such case, this fund shall also be transferred to the said Contingent Fund, and thenceforth become part and parcel thereof. [The Colonization Society did not accept the gift and the $10,000 was added to the Contingent Fund.]
THIRDLY-The remaining fund of THREE HUNDRED AND SIXTY THOUSAND DOLLARS-which may be denominated the Joint-or Miscellaneous Fund- shall be devoted to the use and Benefit,
first, of Indigent Boys,
secondly, of Indigent Female Children,
Thirdly, of Indigent Young Women, and
fourthly, of Indigent Widows.
And for the purpose of carrying into effect my intentions in relation to this Fund, I hereby order and direct, first that Four eighth parts-or one half -of the net interest and income growing due and arising therefrom, shall annually be set apart and appropriated by said Board of Trustees having charge thereof for the use and Benefit of
INDIGENT BOYS.
And it is hereby made the duty of said Trustees to expend and apply the same in the manner, and to the uses and purposes following.
On the division of the Funds, as directed on the ninth page hereof, or at such time previous thereto as the said Trustees shall deem expedient for the purpose of providing a competent number of Beneficiaries to receive the benefit of this fund, when the income thereof shall become available-and ever afterwards from time to time as the state of the fund will admit-the said Trustees shall select from families of fair character, but indigent or moderate circumstances, within the before mentioned Towns of Northamp- ton, Hadlev, Hatfield, Amherst, and Williamsburg in the County of Hamp- shire and Deerfield, Greenfield, and Whately in the County of Franklin-a suitable number of Boys to receive the benefit of this portion of the fund, the written consent of the parents, or those having the legal disposal of them, being first obtained. Preference in such selection being always given-when other circumstances are equal-first to Indigent children-secondly to orphan children having neither father nor mother-and thirdly to such children as have only one parent living-those having both father and mother living to be taken last in order.
492
HISTORY OF HATFIELD.
And the said Trustees shall cause the said Boys to be bound out in good and respectable families, where they shall receive a good common school education, and be well instructed and brought up in the business of hus- bandry, or such mechanical trade or employment as may be considered by said Trustees most beneficial or useful for them. And any agreement which shall entitle the Boy to receive a sum of money for his services, shall enure to his benefit, and the money be paid to him on his coming of age. Provided however that every Boy so selected shall be at least twelve years of age- of sound health and intellect-industrious habits-and good moral character. And that not more than one Boy from any one family shall receive the benefit of this fund at one and the same time-nor more than one Benefi- ciary be serving an apprenticeship in any one family at the same time. And provided further, that neither in the selection of the Boys, nor in the choice of families in which they are to be bound out-nor in the bestowment of any benefit or privilege arising from this fund shall there ever be any distinction made or preference given, on account of any religious sect, or political or other party whatsoever.
And each of said Boys who shall have been bound out as aforesaid-and who shall apply therefor at any time within six years after his arriving at the age of twenty-one, and who shall have conducted himself well and faith- fully during his apprenticeship-and also until the time of such application, shall at the discretion of said Trustees receive a loan of money from the income of this fund-not exceeding FIVE HUNDRED DOLLARS-for a term not over five years-on his furnishing good and satisfactory security for the repayment of the same at the expiration of said term, with the interest thereon annually. And if at the end of said term the interest shall have been punctually paid-and the conduct of the Borrower shall have been such as to satisfy the said Trustees that he will in future make a good use of the money-the obligation shall be cancelled and given up without the payment of any further sum than the interest aforesaid.
And I further order and direct-Secondly, That Two eighths-or one quarter part-of the net interest and income growing out of and arising from this fund shall annually be set apart and appropriated for the use and benefit of
INDIGENT FEMALE CHILDREN.
And it is hereby made the duty of said Trustees to expend and apply the same in the manner and for the uses and purposes following.
On the division of said funds, as before directed, or at such previous time thereto as the said Trustees shall deem expedient for the purpose of providing a competent number of Beneficiaries to be in readiness to receive the benefit of this fund, as soon as the income thereof shall become available -and ever afterwards from time to time as the state of the fund will admit- the said Trustees shall select from families of fair character and indigent or moderate circumstances within the before named Towns of Northampton, Hadley, Hatfield, Amherst and Williamsburg, Deerfield, Greenfield and Whately-a suitable number of Female children to receive the benefit of this portion of the fund, the written consent of their parents, or those having the legal disposal of them, being first obtained. Preference in such selections being always given-when other circumstances are equal-first to indigent children-secondly to orphan children-having neither father nor mother- and thirdly to such children as have only one parent living-those having both father and mother living to be taken last in order.
And the said Trustees shall cause the said children to be bound out in the families of good and respectable Farmers or Mechanics, giving the prefer- ence however to Farmers, till the said girls shall arrive at the age of eighteen years respectively-in which families they shall receive a good common school education-be brought up in habits of sobriety, industry, and morality-and be furnished with all the necessary instruction to enable them to superintend the affairs of the household, and fulfil their domestic duties with honor to. themselves and usefulness to their families. Provided however, First, that every Girl when received shall be of sound health and intellect-of good moral character-and not less than twelve years of age. Secondly, that not.
493
APPENDIX.
more than one girl from any one family shall receive the benefit of this fund at one and the same time, nor more than one Beneficiary be serving in any one family at the same time. And Thirdly, that no preference shall be given either in the selection of the girls, or of the families in which they are to be placed-or in the bestowment of any benefit or privilege arising from this fund, to any religious Sect or Denomination whatever.
And each of the said girls, who shall have been bound out as before directed, and who shall have conducted herself well in all respects during the term of her service, and who shall continue to sustain a good moral charac- ter till the time of her marriage, shall be entitled to the sum of THREE HUNDRED DOLLARS as a marriage Portion; to be paid by the Trustees in money, or expended in furniture proper for housekeeping either in whole, or part, at their discretion. Unless the said Trustees shall have good reason to believe that the person, whom she has married, or is about to marry, is a man of bad character, or one who will not make a good use of it for their mutual comfort and benefit. But it is my intention that in every such instance the Beneficiary shall in case of sickness, bodily infirmity, or mental derangement, receive such aid and assistance from time to time, either in money or other- wise, as the said Trustees shall think the necessity of her situation may require. Provided such relief shall never exceed in the whole amount fur- nished, the sum of THREE HUNDRED DOLLARS in addition to such compound interest, as may have accrued thereon, subsequently to her arrival at the age of eighteen years. But it is to be expressly understood that no Beneficiary shall be deprived of her right to the said marriage portion of Three Hundred Dollars on account of the Religious opinions of her husband; as the benefits of all these funds are intended to be open alike to all Religious Sects and Denominations claiming to be Christians.
And it is my will and intention furthermore that in case of the sickness, or mental or bodily infirmity of any Beneficiary (being above the age of eighteen years, and unmarried) she shall be entitled to receive such aid and assistance from time to time, either in money or otherwise, as the said Trustees shall think that her situation may require. Provided such relief shall never exceed in the whole, the sum of Three Hundred Dollars exclu- sive of such compound interest as shall have accrued thereon after her arrival at the age of eighteen years. And in the event of her marriage after she shall have received any such pecuniary aid as is here provided, the amount thus previously furnished shall be counted and considered as part of the Three Hundred Dollars, which she would otherwise have been entitled to receive as her marriage portion, and shall be deducted therefrom.
And I further order and direct that if any Beneficiary shall marry under the age of eighteen years she shall thereby forfeit her claim to each and all the pecuniary benefits arising from this fund; and no Beneficiary shall ever receive any such aid therefrom after she shall have ceased to maintain a good moral character.
And I further order and direct, Thirdly, that one Eighth part of the net interest and income of said Fund shall be annually set apart and appropriated to the use and benefit of
INDIGENT YOUNG WOMEN.
And it is hereby made the duty of said Trustees to expend and apply the same in the manner, and to the uses and purposes following.
The said interest and income hereby appropriated shall be at the disposal of said Trustees, and shall be paid out at their discretion from time to time as occasion may require and opportunities present in Marriage Portions to such Young Women applying therefor as are in indigent or moderate circum- stances, to be expended in the purchase of necessary articles of household furniture. Provided always that such marriage portion shall in no case exceed the sum of FIFTY DOLLARS; and also that the applicant or Beneficiary shall sustain a good moral character-and shall belong to one of the eight Towns before enumerated or named, and shall not be less than eighteen years of age at the time of her marriage-and provided also that the man, whom she is about to marry, or has recently married, shall likewise sustain a good moral character, and be of sober and industrious habits.
494
HISTORY OF HATFIELD.
And the said Trustees may at their discretion withhold the payment of said marriage portion in all cases till after said marriage shall have taken place. But the application for the marriage portion shall always be made either before-or within three months-after said marriage.
And I hereby order and direct, Fourthly, That the remaining one Eighth part of the net interest and income annually growing due and arising from the Joint-or Miscellaneous-Fund aforesaid shall be set apart and appro- priated to the use and Benefit of
INDIGENT WIDOWS,
having families. And it is hereby made the duty of said Trustees to expend and apply this portion of said income in the manner following.
The said interest and income hereby appropriated shall be at the disposal of said Trustees, and shall be paid out at their discretion from time to time as cases may arise, and occasion may require, to such Widows applying therefor, as shall be in indigent or moderate circumstances, and who have a child or children, dependent on them for maintenance and support. Provided that no applicant or Widow shall ever receive more than FIFTY DOLLARS in any one year-and provided also that each Beneficiary, or Widow, shall belong to one of the eight Towns before named and described-be of frugal and industrious habits when in health-and sustain a good moral character.
It is not my intention to prescribe or recommend an annual allowance- or even a second payment of said gratuity. I leave that question to the dis- cretion of the Trustees-as cases may occur where it will be manifestly proper that a part, or even the whole of said sum of Fifty Dollars should be repeatedly bestowed. But I do declare it to be my earnest desire and inten- tion-and it is hereby strictly enjoined upon the said Trustees in every dis- cretionary exercise of their powers-to discourage idleness and pauperism in every form; and to recommend and enforce by all proper means the practice of Economy-Frugality-Temperance-Industry-and every Moral l'irtue.
Having made provision in this Section that the selection of the four sev- eral classes of Beneficiaries, viz. the Boys, Girls, Young Women, and Widows shall be made within the before named eight Towns, as enumerated on the 17th page hereof .- Now in case there shall at any time be a surplus of the income arising under each or any of the several appropriations herein made over and beyond the amount required to meet the actual-or probable-claims upon each respectively from the eight Towns aforesaid-in all such cases the said Trustees may apply such surplus to the use of Beneficiaries selected from the remaining Towns in the County of Hampshire, or either of them.
SECTION 5th.
All the residue of my Estate of every kind not herein otherwise disposed of, after payment of my just debts, and the expenses of settling my Estate at the Probate Office, I give in trust to the said Austin Smith, and for the purpose constituting a
CONTINGENT FUND,
to be invested and managed by the said Austin until the said Board of Trustees before mentioned shall be organized, and thenceforth by the said Trustees, in the way and manner pointed out in the fourth Section for man- aging the funds there established. And from the interest and income annu- ally arising therefrom-or from the principal in case the income shall be insufficient therefor, the said Trustees after their appointment and organiza- tion-and the said Austin previously thereto-shall pay the Legacies and annuities mentioned in the second Section of this Will-and shall also defrav all the expenses of managing the several funds intrusted to their care, until the same shall be divided and separated as directed in the preceding section- and also such as shall be incurred in the due and regular execution of the various provisions of this Will-(excepting such as are incident to the Agricultural Fund-and to the Colonization Fund)-and shall also keep whole and entire the said Miscellaneous Fund of Three Hundred and Sixty
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APPENDIX.
Thousand Dollars -- so far forth as the interest and principal of this Con- tingent Fund shall prove sufficient for these purposes.
But in case this fund shall at any time prove to be inadequate to meet the demands thus made upon it, the deficiency must be supplied from the income arising out of the principal or main fund, till the same shall be divided into separate funds-and after such division, from the income arising from the separate funds respectively-each fund being chargeable with its proportionate share of such deficiency. Provided however, that after the division of said fund as before directed, the Contingent Fund shall not con- tribute anything in aid of the Agricultural Fund, nor in aid of the Coloniza- tion Fund-for it is my express intention that each of these two funds shall always be chargeable with its own losses, and shall be holden to defray its own expenses.
And if, under the provisions of the fourth Section relative to the ultimate transfer of the Agricultural and Colonization Funds, this Contingent Fund should ever become so much enlarged as to produce a surplus of income after meeting all the demands above made chargeable upon it-in such an event- and from whatever cause-I hereby authorize and direct the said Trustees to appropriate and expend such surplus from time to time in aid and fur- therance of the uses and purposes of the Miscellaneous Fund established on the seventeenth page of this Will-giving to each of the four different Chari- ties there named, at the discretion of said Trustees, such a share or propor- tion of said surplus as the condition and wants of each may respectively require.
SECTION 6th.
In order that the funds created by this Will may be managed and improved with greater safety and less trouble and the objects herein proposed be more effectually obtained and secured,-I hereby authorize and advise my Executor, or the Trustees of these Funds, to apply to the Legislature of this Common- wealth for an Act-or Acts-of incorporation containing suitable provisions for the appointment of Trustees and also for their accountability-and for carrying into full and complete effect the benevolent and charitable purposes of this Will. And also to use their endeavors to obtain the insertion of a clause providing for the exemption of said funds from all future taxation. But such Act, or Acts of Incorporation shall not take effect without the acceptance of the same by the Board of Electors provided for in the third Section of this Will at their annual meeting in May, or at some other meeting specially called for the purpose-if such Board shall then be in existence.
SECTION 7th.
I constitute, ordain and appoint my Nephew, Austin Smith sole Executor of this Will. Hereby revoking all Wills, Testaments, and Bequests by me heretofore made; and ratifying and confirming this, and no other, as my Last Will and Testament.
SECTION 8th.
If it shall hereafter appear that any of the bequests, devises, trusts, direc- tions, limitations, manner or terms of accumulation, or other provisions con- tained in this Will cannot be executed, or shall be found to be repugnant to any rule of law, then and in such case I hereby devise and bequeath all my property aforesaid to my said Executor, and to such Trustees as may be legally appointed, in trust, to be held and disposed of as nearly according to the directions, purposes and objects herein before set forth and provided as may be consistent with law.
And I further direct that in case of the entire failure of Trustees from any cause whatsoever the Judge of Probate for the County of Hampshire for the time being shall have full power and authority to nominate and appoint Trustees to hold and manage said property until other Trustees shall
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