USA > Massachusetts > Middlesex County > Lincoln > Town Report on Lincoln 1946-1950 > Part 25
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Edward J. and Margaret F. Chisholm Michael and Margaret P. Tlumacki Leonard A. and Helen Rooney Philip C. and Muriel A. Corrigan
Edwin L. and Helena R. Williams Otto and Katherine E. Hagmann Holger J. and Grace A. Jensen John J. and Catherine Folk
TOWN CLERK'S REPORT
55
Marriages
Date of Marriage
Names
Residence
Jan. 11, 1948
Robert Francis Gormley Gloria Viola Johnston
Lincoln Boston
Jan. 11, 1948
Joseph Michael Dee, Jr. Eva Adella Langille
Concord Lincoln
Jan. 15, 1948
Thomas William Coan Catherine Marie Douglas
Lincoln Waltham
Jan. 17, 1948
Edward W. Murphy Marjorie Anne Morgan
Lincoln Watertown
Jan. 31, 1948
Alfred Walter Custer Anne Mackenzie
Orange, N. J. Lincoln
Feb.
7, 1948
Charles Lee Tarbell Shirley Cookin
Lincoln Cambridge
May 28, 1948
John Chadwick Tead Doris Alice Fromm
Lincoln Wisconsin
June 3, 1948
Frank Losson Waldron Gladys Hazel Hutton
Sudbury Sudbury
June 6, 1948
Robert C. Mann Evelyn L. Davey
Lincoln West Concord
June 6, 1948
George Uberto Browning Marjorie Elan Mosher
Lincoln Waltham
June 19, 1948
Joseph C. Hagenian Irene Rose Dorian
Brighton Lincoln
June 20, 1948
Earle Wayne Baldwin, Jr. Virginia June Moran
Sudbury Lincoln
June 30, 1948
Franklin John Hammer Mary Pickering Hammer
Lincoln Lincoln
July 15, 1948
Edward Ambrose Smith Dorothy Emma Niemeyer
Waltham Waltham
Aug. 15, 1948
Sidney Grant MacRae Inga Sofia Larsen
Lincoln Carlisle
Aug. 22, 1948
John Richard Christian Barbara Elizabeth Phillips
California Cambridge
Aug. 28, 1948
H. McClure Johnson Susanne B. Briggs
Vermont Lincoln
Oct. 23, 1948
John Munsey Eunice M. Marsh
Connecticut Lincoln
56
TOWN OF LINCOLN
Marriages - Continued
Date of Marriage
Names
Residence
Oct. 31, 1948
Frank Panetta Theresa Mary Papaluca
Lincoln Arlington
Nov. 21, 1948
Ronald Earl Mills Louise D. Pratt
Lincoln Concord
Nov. 24, 1948
Mahlon Wayne Hamel Rose Marie Kelley
Lexington Lincoln
Nov. 27, 1948
Richard Bartel Schaal Barbara High
Lincoln
Boston
Nov. 28, 1948
Kenneth R. Macleod Margaret Mary Johansen
Lincoln Concord
Dec. 3, 1948
Jackson Perkins King Anne Beverly Cousins
Medford Lincoln
Dec. 10, 1948
George William Burk Ruth Mitchell Davis
Concord Lincoln
Dec. 25, 1948
Anthony J. Simonds Lena Theresa Jackman
Lincoln Lincoln
57
TOWN CLERK'S REPORT
Deaths
Date of Death
Name
Y.
Age M.
D.
Jan. 22, 1948
Philip R. Snelling
45
0
0
Jan. 31, 1948
Emma Adelia Viles
89
3
8
Feb. 4, 1948
William Edward Watson
71
2
28
Feb. 19, 1948
Estella Minerva Brooks
80
2
12
Feb. 23, 1948
Mathilda Bloom
78
0
0
Mar. 27, 1948
Mary Cressy Michel
64
7
0
April 1, 1948
Margaret M. Corrigan
78
6
14
April 23, 1948
Nellie M. Nelson
83
0
0
May 22, 1948
Jane Isabel Peirce
85
11
8
May 29, 1948
Augustus Hull Blake
79
3
4
June 24, 1948
Frederick Percy Boyce
72
10
22
July 13, 1948
William Jones DeNormandie
74
9
5
July 19, 1948
William John Baskin
65
7
3
July 26, 1948
Lelia E. Conary
85
9
9
Aug. 3, 1948
Roderick Benjamin Laird
60
2
19
Aug. 27, 1948
Royal Sims
43
8
16
Aug. 28, 1948
Beverley Roberts Barstow
23
10
3
Sept. 18, 1948
James White
77
2
12
Sept. 20, 1948
Patrick F. Corrigan
77
4
10
Sept. 26, 1948
Catherine E. Diamond
79
5
0
Oct. 22, 1948
Margaret Lunt
96
4
7
Nov. 20, 1948
Sylvia St. Felix Blake
9
6
8
Nov. 24, 1948
Evelyn Lewis Gilbert
74
4
23
Dec. 24, 1948
Mary Russell Hodge
94
0
7
58
TOWN OF LINCOLN
REPORT OF THE BOARD OF SELECTMEN
In reviewing the activity of the Board during the past year, the Selectmen have chosen the subjects presented below as being of interest and worthy of brief comment.
The Town vs. The Edison Electric Company
Early in the summer the Selectmen learned that the Boston Edison Company was completing plans to carry an overhead high tension line across nearly three miles of the southerly part of the Town. The Selectmen and the Lincoln Planning Board considered this operation to be detrimental to the present and long range interests of both the Town and its citizens individu- ally. Acting under the leadership of William DeFord of the Planning Board, the two boards joined with corresponding officers of similarly aggrieved Wayland and Sudbury to resist the action of the Edison Company. This joint committee, acting on advice of a qualified engineer, took the position that the lines could be placed underground at a relative increase in cost thought properly spendable in view of the damage result- ing to the towns and their residents by the proposed overhead lines.
The Lincoln officers held several separate meetings, one of which was an open hearing in Lincoln, attended by officers of the Edison Company. At a later date the joint committee of the allied towns presented its case at a series of hearings before an officer representing the Massachusetts Department of Public Utilities. Many Lincoln residents recorded their pro- test at these hearings and a petition urging underground lines signed by more than seven hundred Lincoln residents was entered in the record. At present writing the attorney of the joint town committee is preparing a brief in anticipation of the presentation of the Town's argument at a hearing to be called by the Commissioners of the Department of Public Utilities.
Layout of Town Roads
In October a hearing was held by the County Commissioners relative to the Selectmen's request that Bedford and Tower roads be laid out to a minimum width of forty feet. Many
59
REPORT OF SELECTMEN
abutters to these roads attended the hearing and recorded their opinions and recommendations. After the County en- gineers have completed their work, a second hearing will be held at which time abutters may view plans of the roads as the County has laid them out. Thereafter, the Selectmen by a formal entry take the roads in the name of the Town. Abut- ters may bring claims for land damage after the entry has been made.
With respect to the subject of the laying out of roads a word explaining the general policy of the Selectmen relating to this matter may be of interest. Thus, the Board considers that at some future date as a result of a heavier traffic burden, many of our roads will be found dangerous and inadequate. This traffic increase can result from several causes, such as a major increase in the population of the Town or the construction or improvement of connecting roads in neighboring towns. It is considered wise where it is necessary to take additional land, as for the purpose of eliminating dangerous curves, to do it now while the land is relatively unimproved rather than later when such action might result in increased damage costs and possible conflict with minimum setback laws.
The Selectmen do not have in mind immediate major im - provement of roads which have now been laid out or which will be taken in the future. It seems wise, however, for the reasons mentioned above, to establish the bounds of our roads now. It is hoped that this can be accomplished without an undue bur- den to taxpayers in land damage costs.
While writing on road improvement problems, the Selectmen wish to call attention to the excellent survey of Lincoln high- way conditions which has been made by Alan McLennen. This study resulted from a vote of the special Town Meeting in June requesting the Selectmen and Planning Board to make an overall survey of highway conditions. A summary of Mr. McLennen's report appears under the Report of the Planning Board.
The deCordova and Dana Museum and Park Corporation
On October 27, 1948, the Supreme Judicial Court handed down the final decree in the deCordova estate cause, the action
60
TOWN OF LINCOLN
having been initiated by the vote of the Town at the annual Town meeting in 1947.
The decree recited that a corporation be formed to maintain and operate the museum and park for the Town and its in- habitants. The by-laws of the corporation provide for a Board of Directors who have the entire management and con- trol of all the property and business affairs of the corporation. The Directors are divided into two classes, four "A" Directors, and three "B" Directors all of whom have the same rights and powers. The by-laws state the Selectmen shall appoint the four "A" directors whose terms shall expire respectively at the 1949, 1950, 1951 and 1952 annual town meeting. Commencing with the annual town meeting of 1949 and each year there- after, one "A" director is elected by the Town for a period of four years. One "B" director is appointed by the Board of Selectmen, a second by the School Committee and a third by the Trustees of the Lincoln Public Library.
In accordance with the above-mentioned arrangement the Selectmen appointed four "A" directors as follows:
Charles H. Blake, whose term expires in 1949 Jane K. Vance, whose term expires in 1950
Elizabeth J. Snelling, whose term expires in 1951 John Quincy Adams, whose term expires in 1952
The Selectmen chose Dr. Robert L. DeNormandie to be their appointee as "B" Director.
It will be understood that commencing with the expiration of the term of the last appointed "A" Director in 1952, the voters will have elected all of the "A" Directors. Thus, within four years a majority of the Board will have been elected by the voters directly by ballot at the annual elections.
Wage Bonus for Town Employees
The Board has given consideration to the question of the adequacy of its wage scale for the full time town employees coming within its jurisdiction. It believes that the high costs particularly prevalent during the summer and fall of 1948 make an adjustment for last year fitting. Accordingly, with the approval of the Finance Committee, it has included in the
61
REPORT OF SELECTMEN
1949 Warrant an article for a cost of living bonus of two weeks salary for each full time employee who worked for the entire year. The bonus for those employees who worked full time for only part of the year and are still on the pay roll will be figured proportionately. At the same time, the Board has reviewed the question of the number of hours of work per week put in by its employees on hourly wages. It finds that the fifty hours now being worked is higher than the weekly average of other towns. It recommends that the maximum number of hours be reduced to 46} and that the hourly wage for Highway and Water Department employees be raised so that at this maxi- mum figure the total weekly wage will be at least as large as for 1948. The overtime rate will continue at time and a half.
Speed Regulations
Many citizens have complained about the speed of automo- bile traffic through the Town. The majority of complaints have related to fast driving on Trapelo Road, Bedford Road, Lincoln Road and Sandy Pond Road. Our Police Department has done good work in trying to reduce speed, but violations are still being reported. It has been observed that many fast drivers are out of town people who cross Lincoln going to or coming from the Concord Turnpike. Occasionally, however, we ourselves fail to allow enough time to go from place to place within the Town at a safe speed.
State laws provide regulations which are sufficient authority in most cases to permit local police to prosecute speeders. The Selectmen considered, however, that Lincoln's problem was acute enough to warrant establishment of town speed regula- tions. It was determined that under a new State statute which became effective last summer, local speed laws before becoming enforceable had to be investigated and cleared by a joint com- mittee of the Registry of Motor Vehicles and Department of Public Works. At the time of the Selectmen's inquiry in the early fall this joint committee had not been organized and, consequently, action by the Board to initiate local ordinances was postponed. The Selectmen at this writing plan no imme- diate action to enact local speed regulations hoping that con- tinued police work and more thoughtful automobile operation
62
TOWN OF LINCOLN
on the part of every citizen will improve safety conditions throughout the Town.
Respectfully submitted,
SUMNER SMITH, Chairman, H. BIGELOW HILLS, JOHN TODD.
ADVANCE
SHEETS
OPINIONS OF THE SUPREME JUDICIAL COURT
Published under authority of Chapter 402 of Acts of 1935
WRIGHT & POTTER PRINTING COMPANY, 32 DERNE STREET, BOSTON
CHARLES V. BRIGGS & others vs. THE MERCHANTS NATIONAL BANK OF BOSTON, trustee, & others.
Suffolk. May 5, 1948. - October 1, 1948.
Present: QUA, C.J., LUMMUS, DOLAN, & WILLIAMS, JJ.
Charity. Trust, Charitable trust, Application of trust property. Lin- coln. . Municipal Corporations, Trusts, Officers and agents. Corpora- tion, Charitable corporation. Constitutional Law, Obligations of con- tracts, Charity. Equity Jurisdiction, Charity. Equity Pleading and Practice, Decree. Contract, Performance and breach. Words, "Defi- ciency."
Reservation and report by Spalding, J., of a suit in equity in the Supreme Judicial Court for the county of Suffolk.
QUA, C.J. This suit in equity is brought by ten taxpayers of the town of Lincoln under G. L. (Ter. Ed.) c. 214, ยง 3 (11), and by the town itself, against The Merchants National Bank of Boston (hereinafter called the bank) as trustee of a trust (hereinafter called the A trust) created by the will of Julian de Cordova, late of Lincoln, Mr. Webber and four others as trustees under another trust (hereinafter called the B trust) created by the same will, and the Attorney General. The principal purpose of the suit is to secure modification by the court under the doctrine of cy pres of some of the terms of the A and B trusts and of still another trust upon which the town holds certain real estate conveyed to it by de Cordova in his lifetime. All three trusts are related to each other and are parts of one scheme or plan designed by de Cordova for the purpose of setting up in Lincoln a per- petual charity for the maintenance, in memory of himself
[935]
and his deceased wife, of an art museum and park for the benefit of the inhabitants of the town. Further objects of the suit are to secure certain interpretations of the A and B trusts and directions to the trustees designed to remove doubts and to clarify their duties.
Consideration of a demurrer contained in the answer of the B trustees was reserved until the hearing on the merits. No separate discussion of the demurrer is required, since if the facts established by the master's report make a case for relief, the petition sufficiently states such a case as against any of the grounds set forth in the demurrer.
Julian de Cordova died November 23, 1945, at the age of ninety-five. On November 29, 1930, he had conveyed to the town, and the town had accepted, about twenty-nine acres of land on Sandy Pond. On this land were located his residence, a building known as the art gallery, and some inci- dental buildings. The conveyance also included the collec- tions of pictures and of other objects of art and interest contained in the buildings. The grantor reserved a life estate to himself and also provided that after his death the town should hold the property in trust to maintain the land as a public park for the benefit of its inhabitants and the resi- dence and art gallery for their benefit as a public museum under the name "The de Cordova and Dana Museum." It was provided that new buildings might be added or sub- stituted, but that any of the objects of art might be disposed of only with the approval of an expert selected by the di- rector or similar officer of the Museum of Fine Arts in Boston. To induce the town to accept this conveyance, de Cordova executed a sealed instrument wherein he covenanted with the town that he had deposited with the bank $250,000 in securi- ties as a guaranty that if the town should accept the con- veyance he would provide by will $150,000 for the benefit of the town for the upkeep, maintenance, and improvement of the premises and would make a further substantial provision for the town which, "subject to such reasonable discretions" as he might "interpose," would allow the income to be used in case of need for the upkeep, maintenance, or improvement of the park or museum. He did make these two provisions
[ 936 ]
in his will in the form of the A trust and the B trust next hereinafter described.
By the twelfth article in his will de Cordova gave to the bank $150,000 in trust to pay the income to the town "for the upkeep, maintenance and improvement of the de Cor- dova-Dana museum and park in said Lincoln, which I have already given the town, subject to a life estate for myself." This is the A trust.
By the thirteenth article he gave the residue of his prop- erty to Webber and others in trust, with the provision that they might pay to the town from the income "such sum or sums as my said trustees from time to time may think nec- essary ... to make up any deficiency in the income of the trust fund, hereinbefore created [the A trust], for the up- keep, maintenance and improvement of said museum and park . . It is provided that the balance of income is to be accumulated and added to the principal for a period of twenty years after the death of the testator. At the end of the twenty years the entire trust fund with its accumu- lations is to be paid over to the bank to be held by it in trust and the income paid to the town to be expended "solely in making up any deficiency in the income . . . [of the A trust] and for the use, improvement and additions to the said art collection, and the buildings in which they [sic ] are housed," with the restriction that the town may make expenditures for additions to the art collection and may dispose of any parts of it only with the approval of an expert selected as provided in the similar provision con- tained in the deed to the town. By the fourteenth article like powers to add to the collection and to dispose of parts thereof are given to the trustees Webber and others, sub- ject to a like restriction. There is also, in the fifteenth article, a provision that the majority of the trustees, if they deem it expedient, may cause a corporation to be formed consisting of the trustees and their successors to which the trustees shall transfer the trust fund to be held upon the same trust with the same powers subject to the same restrictions as when held by the trustees. This trust of the residue given to Webber and others is the B trust.
[937 ]
Indications are that when the estate is finally settled the residue that will go into this trust will have amounted to about $1,500,000. The trustees have already received some cash and securities having a book value of over $1,000,000.
By a codicil the testator authorized the "trustees named in said will" to use "such parts of the income, but none of the principal, for such educational and recreational pur- poses, which in their discretion, will be helpful in the ful- fillment of the main purpose expressed in paragraph 13 of said will, and in the furtherance of the deCordova-Dana museum and park . . . ," their discretion in the use of in- come for such purposes to be final.
It will be observed that the situation brought about by the deed and the creation of the two trusts in the will of the testator is that the town now owns and is in complete possession and control of the land, buildings, and collec- tions and must use them for the park and museum; that the bank holds the A trust fund of $150,000 in perpetuity to pay the income to the town for the upkeep, maintenance and improvement of the museum and park; that Mr. Web- ber and others hold the much larger B trust fund to use so much of the income as they think necessary to make up any deficiency in the income of the A trust and to accumu- late the remainder of the income and at the end of twenty years to turn over the entire fund to the bank to hold in perpetuity and to pay the income to the town for the pur- poses of the park and museum; that during the twenty year period Webber and others are given certain powers of add- ing to and disposing of exhibits which in general they can- not exercise except with the consent of the town, since the town owns the exhibits 1 under the deed, which took effect in 1930 and takes precedence over the will, and the town has by virtue of the deed sole possession and control of the place of exhibition; that the B trustees may in their discretion also expend income for educational and recrea- tional purposes ancillary to the main object of the park and museum; but that any activities for these purposes
1 This statement is subject to an exception as to any exhibits acquired by the testator after the deed and before his death.
[ 938 ]
upon the site of the park and museum must, because of the town 's possession and control under the deed, be subject to the consent of the town.
It now becomes necessary to summarize certain of the findings in the exhaustive report of the master. The art gallery, which is connected with the residence by an enclosed arched bridge, resembles a Norman chateau with round towers. The residence also has a tower and is surmounted by battlements. Both buildings are situated on a knoll fifty to seventy-five feet above the pond in the midst of fine old trees and well kept lawns. The quality of the collections is uneven, ranging from objects of real importance to others of little value. They were painstakingly acquired by the testator over a long period of years. According to the standards of great museums many of the objects cannot be rated as museum pieces, but, "taken as a whole, the collec- tions have artistic, cultural and educational value and should be a source of interest and instruction to the inhabitants of the town, particularly to youth of school age." The value of the museum lies in the means it affords of studying art, ethnology, and to some extent archeology. "It should be an important cultural asset to the town." To these findings we may add as matter of common knowledge that Lincoln is a small town of about two thousand inhabitants lying within commuting distance of Boston in a broad belt devoted largely to country residences. In short, it appears that the park and museum are attractively located in a beautiful area; that the buildings are of unique design; and that the testator's object of maintaining the place as a public park and museum is not chimerical but under proper conditions is capable of practical realization substantially as intended by him, to the benefit of the inhabitants of the town. No contention is made to the contrary.
But further findings show that this object is not now being attained and under present conditions has little or no chance of ever being attained. Although the art gallery was open to the public in July and August of each year before the testator died, neither building has been open since his death. The difficulty has its roots in the money arrangements and
[939]
divided authority of the present trusts. To begin with, structural changes must be made in both buildings, so that they will comply with State and municipal regulations per- taining to buildings used by the public, and immediate repairs are needed upon these buildings and other structures. The minimum amount for alterations and repairs required to open the museum and park to the public was found by the master in his report filed February 16, 1948, to be about $25,000. To put both buildings into first class condition would cost about $40,000. The condition of the residence is such that it would be unwise to economize on repairs. In addition to the sum immediately required to put the plant in condition, in order properly to operate it, without expending anything for educational and recreational activi- ties, the town should be assured an annual income of not less than $25,000. But the only assured income the town has is the income of the A trust which will be no greater than from $4,500 to $5,200 a year.1 It is fairly to be inferred from the findings that the park and museum will never be opened unless the town can begin receiving income from the B trust, the income from which would be more than adequate for the purpose. The annual gross income of the B trust will be from $41,700 to $49,200. This income, how- ever, is payable to the town only in the discretion of the B trustees, and they have neither paid a sufficient amount nor given the town adequate assurances that they will do so. Prolonged and elaborate negotiations between repre- sentatives of the town and these trustees have produced no tangible results. The B trustees have insisted that the town submit a budget for their approval and consult them on all matters of policy and all expenditures. They have been alarmed lest reports made by an expert hired by the town as to the quality of the collections would lead the town to dispose of large parts of them. Representatives of the town
1 We do not overlook the fact that de Cordova in his lifetime gave the town a total sum of $20,000 to accumulate until his death and then to be used in the sole discretion of the selectmen for repairs or improvements to, and for maintaining and operating, the museum and park. Even if the town were under some sort of obligation to use this money first, there would not be a really adequate amount to put the museum into operation, to say noth- ing of keeping it in operation, and the money would be expended without substantial accomplishment.
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