USA > Rhode Island > Newport County > Newport > Annals of Trinity church, Newport, Rhode Island, 1821-1892 > Part 28
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October 30, 1884. Mr. Rider, for the Committee on Par- sonage, reported that about $9000 had been raised.
April 6, 1885. Annual Meeting of the Corporation; 15 cor- porators being present. George C. Mason was chosen chairman.
The Treasurer's estimate of expenses for the ensuing year, $8852 was
Probable income, 8360
Voted: that the tax be 20 per cent. on the valuation.
The following officers were elected:
George C. Mason, Senior Warden.
Samuel Engs, Junior Warden.
Benjamin Finch, Job T. Langley, William Cornell, John H. Cozzens, William G. Seabury, William E. Dennis, Henry D. DeBlois, John S. DeBlois, Walter L. Kane, Philip Rider, Rod- man Cornell, Vestrymen.
Job T. Langley, Secretary.
William Cornell, Treasurer.
May 1, 1885. On motion of George C. Mason the following testimonial was signed by the Rector, Senior Warden and the Vestrymen present:
To the Standing Committee of the Diocese of Rhode Island: We whose names are here underwritten do testify from
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NEWPORT, RHODE ISLAND.
evidence satisfactory to us that George Ernest Magill, for the space of three years last past, hath lived piously, soberly and honestly; and hath not, so far as we know and believe, written, taught, or held anything contrary to the doctrine or discipline of the Protestant Episcopal Church; and, moreover, we think him a person worthy to be admitted to the Sacred Order of Deacons.
In witness whereof we have hereunto set our hands, this first day of May, A. D. 1885.
June 23, 1885. The following communication from the Rec- tor and Wardens of Zion Church was read and received:
Newport, R. I., June 22, 1885. To the Rector, Wardens and Vestry of Trinity Church;
Gentlemen: We, the undersigned, of a special Committee of the Rector, Wardens and Vestry of Zion Church, Newport, R. I., request the privilege of the use of Kay Chapel, for morning and evening services, on Sundays, and Friday evening service, during the period of building our Chapel on Rhode Island ave- nue.
Trusting to receive an early and favorable answer, we re- main truly and faithfully your co-workers for Christ and His Church.
CHAS. G. GILLIAT, Rector, ERNEST GOFFE, Sen. Warden, JAMES PEARSON, Jun. Warden, Committee.
On motion of George C. Mason, voted: in response to the request of Zion Church to have the use of Kay Chapel on stated days, for services during the time their own Church is building; that the Rector and Wardens be allowed to use the Chapel dur- ing the months of July and August, on Sundays, after 11.30 a. m., and on Friday evenings, with the understanding that the use of the Chapel shall be relinquished on the first of Septem- ber; at which time our own evening services in the Chapel will
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ANNALS OF TRINITY CHURCH,
be resumed, as appears by a card, showing the time of our services, which the Secretary is requested to enclose with a copy of this resolution.
On motion of Philip Rider the ayes and noes were called, and the resolution was passed.
Ayes: George C. Mason, Benjamin Finch, Job T. Langley, William E. Dennis, Walter L. Kane, John S. DeBlois; 6.
Noes: Samuel Engs, Henry D. DeBlois, John H. Cozzens, William G. Seabury, Philip Rider, 5.
The Wardens were instructed to furnish Rev. C. G. Gilliat with a certified copy of this vote.
The following letter was received July 9, 1885 :
Newport, R. I., July 6, 1885. To the Rector, Wardens and Vestry of Trinity Church;
Gentlemen:
The kind allowance of the use of Kay Chapel, for the Zion Church congregation, was duly received.
In reply we would state that, owing to the limited time and the lateness of the hour named for morning service - half-past eleven o'clock-it is deemed inexpedient to accept the same.
With sincere regards we are your o'bt servants in Christ. CHARLES G. GILLIAT, Rector,
ERNEST GOFF, Sen. Warden, JAMES PEARSON, Jun. Warden.
December 1, 1885. The death of Captain John S. DeBlois, a member of the Vestry, was announced.
On motion of the Senior Warden it was voted :
Whereas, our late associate, Captain John S. DeBlois, has been taken from us by the hand of death, we bow as becometh us in meek submission to the will of Him who doeth all things well; and whereas, he was for many years a Vestryman of this Parish-one whose fidelity to the Church, its ritual and its ma- terial interest was unswerving;
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NEWPORT, RHODE ISLAND.
Resolved: that as a mark of respect to his memory we will attend his funeral in a body;
Resolved: that a copy of this resolution be engrossed and sent to the family of the deceased by the Secretary.
April 7, 1886. On motion of William G. Seabury, the fol- lowing testimonial was signed by the Rector and Junior Ward- en, and members of the Vestry present.
To the Standing Committee of the Diocese of Rhode Island:
We whose names are here underwritten do testify, from evi- dence satisfactory to us, that J. Eldred Brown, for the space of three years last past, hath lived piously, soberly and honestly, and hath not, so far as we know or believe, written, taught or held anything contrary to the doctrine or discipline of the Prot- estant Episcopal Church; and, moreover, we think him a person worthy to be admitted to the Sacred Order of Deacons. In witness whereof we have hereunto set our hands, this seventh day of April, in the year of our Lord, one thousand eight hun- dred and eighty-six.
March 26, 1886. Annual Meeting of the Corporation; 15 corporators being present.
The Treasurer's estimate of expenses for the ensuing year was
$8595
Probable income, 8200
Voted: that the tax be at the rate of 20 per cent. on the valuation.
The following officers were then elected:
George C. Mason, Senior Warden.
Samuel Engs, Junior Warden.
Benjamin Finch, Job T. Langley, William Cornell, John H. Cozzens, William G. Seabury, William E. Dennis, Henry D. DeBlois, Walter L. Kane, Philip Rider, Rodman Cornell, Le- Roy King, Vestrymen.
Job T. Langley, Secretary.
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ANNALS OF TRINITY CHURCH,
William Cornell, Treasurer.
John H. Cozzens, Rodman Cornell, Walter L. Kane, LeRoy King, Delegates to the State Convention.
May 10, 1886. Special meeting of the Corporation.
Voted: that the resignation of Samuel Engs [who was in a precarious state of health ] as Junior Warden be accepted.
On motion, an informal ballot was taken for Junior Warden, to fill the vacancy.
Rodman Cornell, 8; George Gordon King, 3; William G. Seabury, 2; Walter L. Kane, I; Blank, 1; 15.
Voted: that Rodman Cornell be Junior Warden.
Voted: that Samuel Engs be the roth Vestryman, in place of Rodman Cornell.
July 2, 1886. The following communication from the Junior Warden was read:
Newport, June 30, 1886.
George C. Mason, Esq.,
Senior Warden of Trinity Church;
Dear Sir: The books of the Junior Warden were handed to me. I could not understand them without some ex- planation. I gave them to the Auditors, and have been waiting to receive from them a statement, so that I can make out the bills, with a definite knowledge of their amounts.
I think this matter should be attended to at once, as there is no money in the Treasury, and the Rector draws his salary July 17th for the next quarter.
Respectfully, RODMAN CORNELL, Junior Warden.
Adjourned meeting the same evening.
Voted: that the list of unpaid taxes, as made by William G. Seabury, be a basis for the Junior Warden for the July tax.
Voted: that the Auditing Committee be requested to audit the books of William G. Seabury, and report.
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NEWPORT, RHODE ISLAND.
September 15, 1886. On motion of John H. Cozzens, the following testimonial was signed by the Rector, Junior Warden and the Vestrymen present:
To the Standing Committee of the Diocese of Rhode Island :
We whose names are underwritten testify, from our per- sonal knowledge and belief, that Herman Lilienthal is pious, sober and honest; that he is attached to the doctrine, discipline and worship of the Protestant Episcopal Church, and that he is a Communicant of the said Church, in good standing; and do further declare that in our opinion he possesses such qualifica- tions as fit him for entrance on a course of preparation for the Holy Ministry.
December 15, 1886. The death of Samuel Engs, 58 late Ju- nior Warden, having been announced, on motion of the Senior Warden, the following resolutions were unanimously passed:
Whereas, it has been announced by the Rector that our late associate, Mr. Samuel Engs, long a member of this Vestry, and for many years the Junior Warden of the Parish, has been taken away by the hand of death, after a severe and protracted ill- ness, it is the wish of the Vestry to testify to his long and ef- ficient service as an officer of the Church, and to the respect due to the memory of one who was an exemplary Christian,
58 MR. ENGS was a man of strong, intense feeling, that carried him to the end, when he had made up his mind that the course he was pursuing was the right one. Whatever he did was done with a will -with no thought of self, of time or trouble. This was shown in the Church, and at the Newport Hospital; at which latter he was an indefatigable worker, until failing health forced him to retire and wait for the change, which he saw
was at hand. He was strong in his faith, loved to labor for the Church and in the Sunday School; for which latter service he conscientiously pre- pared himself by careful study.
Mr. Engs was married to Elizabeth Cornell Stanhope, oldest daughter of Captain John R. Stanhope, September 27, 1837. He died November 14, 1886.
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ANNALS OF TRINITY CHURCH,
and an active, earnest worker in all that tends to the growth and prosperity of the Church-a God-fearing man, whose be- nevolence led him to minister to the wants of the sick and in- firm, without questioning their faith or creed. Therefore,
Resolved: that in the death of Mr. Engs this Vestry has lost one of its most earnest and devoted workers.
Resolved: that as a mark of respect to his memory we will attend his funeral in a body.
Resolved: that we tender to the family of our deceased as- sociate our sincere condolence and warmest sympathies.
Resolved: that the Secretary be directed to send a copy of this preamble and these resolutions to the family of the deceased, and furnish the local newspapers with a copy.
February 7, 1887. The death of the Treasurer was announced to the Vestry.
Voted: that George C. Mason, Senior Warden, be a commit- tee to draw suitable resolutions on the death of Mr. William Cornell, the late Treasurer.
Voted: that Philip Rider be elected Treasurer for the balance of the year.
Voted: that the Vestry attend the funeral of the late Treas- urer, in a body.
The following resolutions were passed :
The Vestry of Trinity Church, having heard with pain and regret, of the death of Mr. William Cornell, their associate for many years, desire to express their deep sense of the loss the Church has sustained in his death, and their high appreciation of his worth, his Christian virtues, and his long and faithful service as Treasurer, to which office he was elected in 1862. During all these years he has cared for the funds placed in his hands in a manner that has made his name synonymous of probity and fidelity. He was a man of singular purity of char- acter. No one ever heard him say aught to disparage a fellow
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NEWPORT, RHODE ISLAND.
being, and no one can recall an instance where he was not correct and just, and honorable in his dealings. He avoided the crowded walks of life, and took no part in any public excitement or demonstration; but uniformly kept to his own quiet way, striving to be just to all, true to his religious belief, and to be ready for that summons, which must in turn come to us all. As he lived so he died-a good and upright and righteous man.
Resolved: that we sincerely mourn the loss of our late asso- ciate, and that in a body the members of this Vestry will attend his funeral.
Resolved: that a copy of this preamble and these resolutions be sent to the family of the deceased by the Secretary.
April 15, 1887. Annual Meeting of the Corporation; 18 cor- porators being present. George C. Mason was chosen chairman.
Two motions were made on the rate of tax for the ensuing year: one at 20 per cent. on the valuation, and the other 15 per cent. A ballot was taken on the proposition to levy a tax at the rate of 20 per cent. Yeas, 12; noes, 3; blank, I.
The following officers were then elected:
George C. Mason, Senior Warden.
Rodman Cornell, Junior Warden.
Benjamin Finch, Job T. Langley, John H. Cozzens, William G. Seabury, William E. Dennis, Henry D. DeBlois, Walter L. Kane, Philip Rider, LeRoy King, George Peabody Wetmore,* John Ireys, Vestrymen.
Job T. Langley, Secretary.
Philip Rider, Treasurer.
John H. Cozzens, Rodman Cornell, Walter L. Kane, LeRoy King, Delegates to State Convention.
April 22, 1887. Voted: that the following testimonial be signed by the Rector, Wardens and Vestry:
* MR. WETMORE declined to serve.
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ANNALS OF TRINITY CHURCH,
To the Standing Committee of the Diocese of Rhode Island:
We whose names are here underwritten do testify, from evidence satisfactory to us, that George Ernest Magill, for the space of three years past, hath lived piously, soberly and hon- estly; and hath not, so far as we know or believe, written, taught or held anything contrary to the doctrine or discipline of the Protestant Episcopal Church; and, moreover, we think him a person worthy to be admitted to the Sacred Order of Deacons. In witness whereof we have hereunto set our hands this twen- ty-second day of April, in the year of our Lord, one thousand eight hundred and eighty-seven.
June 7, 1887. A communication to the Senior Warden from parties interested in the conveyance of the Tate property, or Clarke estate, now in the possession of the Appleton estate, was read and the following resolution was passed:
Resolved: that the Treasurer be instructed to apply to Fran- cis B. Peckham, Esq., to draw up such papers as in his opinion would be proper for the consideration of this Vestry, touching the matter in question.
Voted: that the act of this Vestry April 28, 1879, creating an agency for the sale and renting of pews, be and is hereby repealed.
June 13, 1887. A communication from Francis B. Peckham, and also a deed of property (once leased to Thomas Harkness by Trinity Church ) was read and considered.
Voted: that the matter lie on the table.
Notice of the death of Mr. Job T. Langley was presented by the Rev. George J. Magill, and the following resolutions were read and adopted:
Whereas, in the providence of God, our late associate, Mr. Job T. Langley, has been taken from us by the hand of death, we bow with meek submission to the will of Him who holds our destinies in His hands; and
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NEWPORT, RHODE ISLAND.
Whereas, Mr. Langley, by long and faithful service as a member of this Vestry and Corporation, has won our respect and regard, we wish to pay tribute to his strict integrity, and the faithful discharge of his duties, and attest to his worth and Christian virtues; therefore
Resolved: that this Vestry sincerely mourns the loss the Church has sustained in the death of Mr. Langley, and that we deeply sympathize with his afflicted family.
Resolved: that the Secretary pro tem. be and he is hereby in- structed to furnish the family with a copy of these resolutions.
Voted: that the Vestry attend the funeral in a body.
June 16, 1887. Francis B. Peckham, Esq., was presented to the Vestry, and explained some of the legal points in relation to the conveyance of the Tate estate, and the Clarke land, to Thomas Harkness. After some discussion it was
Voted: that the Wardens be a committee to look into the matter in question, and make a written statement of the subject to the Vestry.
June 22, 1887. The committee to whom was referred the matter of the Tate property made the following report:
To the Vestry of Trinity Church:
Your Committee, instructed to ascertain all the facts that could be gathered in relation to the Tate estate, beg leave to report that the following extracts from the will of William Tate, as recorded in the office of the Court of Probate. The will is dated June 7, 1758.
"Item. I give and bequeath to my well-beloved wife, Mary Tate, all my estate, real and personal, for and during the term of her natural life, to her own proper use and behoof.
"And my will further is that if my said wife shall think it needful to sell and dispose of my messuage or dwelling house, where I now live in Newport, aforesaid, together with the lot of land whereon the same stands, together with the buildings,
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ANNALS OF TRINITY CHURCH,
improvements and appurtenances to the same belonging, then I give her full power and authority to grant, bargain and sell the same to any person or persons that shall purchase it, and to sign, seal and duly execute a good deed of conveyance there- of in fee simple, which shall be for the maintenance of my said wife during her life; and after the decease of my said wife what shall be then remaining of my said Estate I give and be- queath the same unto the poor people belonging to the Church of England, in Newport aforesaid, to be distributed to and among them in equal parts and proportion, by such person or persons as my said wife shall nominate and appoint for that purpose."
"Recorded in the Town Council book of Newport, No. 11, pages 538 and 539, Newport, August 8, 1758, and now to be found in Vol. I, page 49, in the records in the office of the Probate Court."
William Tate, blacksmith, was married to Mary Iverson, May 21, 1731, by Rev. James Honyman. Mrs. Tate died in the autumn of 1780. What disposition of the estate was made immediately after her death cannot easily be ascertained. The Revolution was not closed, and probably the property was but of little value, for some time. After that it was rented to Jo- seph Dyer, at an annual rental of $30, the Church to keep it in repair. The rent was paid up to December 25, 1804, and after deducting expenses for repairs the Church realized $164.72, for the 6 years, 8 months and 20 days that it has been occu- pied.
In 1806 it was leased to a man named Yeomans, for 999 years; the consideration being $800, which sum was placed to the credit of the Poor Fund. From the Yeoman notes the Church appears to have realized only $700, which amount was invested in the "Clarke lot." In 1822 the "Clarke lot" was ordered to be sold by the Vestry; but the committee saw fit to lease it for 999 years, and the property was so leased to Thomas Harkness, for $645. This substituting of a lease for a deed in fee simple had the tacit approval of the Vestry, and the com- mittee were not to sell for less than $600.
At this time, 1822, an investigation showed that the original
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NEWPORT, RHODE ISLAND.
sum of $800, representing the estate, and placed to the credit of the Poor Fund, had been expended, to meet pressing de- mands against the Church. March 27, 1823, it was voted by the Vestry that eight shares of the stock of the R. I. Union Bank, par value $100, should be set aside for the use of the poor of the Church; the interest to be annually distributed to the poor, in proportion to their situation and wants. This act was im- mediately confirmed by the Corporation.
The funds so set apart represent the Tate Estate; they are intact, and the interest is annually given to the poor of the Church.
All of which is respectfully submitted.
GEORGE C. MASON, RODMAN CORNELL, Committee.
Voted: that the report be received and placed on record.
Voted: that the Vestry obtain a legal opinion from Hon. William P. Sheffield upon the subject, and that Mr. LeRoy King be a committee to confer with and consult that gentle- man, and report at some future meeting.
July 14, 1887. The committee appointed to obtain the opinion of William P. Sheffield, Esq., on the Tate property, Clarke lot, &c., reported and read the opinion.
Voted: that the report be received and the opinion be re- corded.
OPINION.
The following case is stated by the Vestry of Trinity Church for my opinion, to wit:
Statement of facts.
William Tate, by his last will, dated June 7, 1758, gave and bequeathed to his wife, Mary, all his estate, real and personal, for and during her natural life, with the power of disposing of all, or so much thereof as she should need for her support.
From and after the decease of his wife, he gave what should
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ANNALS OF TRINITY CHURCH,
remain of his estate, unto the poor people then belonging to the Church of England in Newport, to be distributed to and among them, in equal parts and proportion "by such person or persons as my wife shall nominate and appoint for that purpose."
This will was duly proved and recorded, August 8, 1758.
Mary Tate survived her husband and died about 1780, with- out having disposed of the homestead estate, the title to the proceeds of which is involved in this inquiry, which she took under the will of her husband, and without having exercised any power of appointment for the distribution thereof.
It may be noticed here, that the gift was not to the Cor- poration of Trinity Church, either in its corporate or any other name.
Second. That the gift was to the poor of the Church in being at the time of the decease of . Mary Tate, to be equally divided among them.
The following extracts taken by Mr. George C. Mason from the records of the Vestry of the Corporation of Trinity Church, show what was done in reference to this trust.
[The "extracts" have already appeared in these pages.]
From the records of the Church it appears that this lot was paid for from the proceeds of the lease of Tate land to Yeomans.
The "Clarke lot" was probably leased by the Vestry up to 1822, when the vote hereinbefore recited, to sell the lot, was passed and a committee was appointed to sell the same.
The deed from Lawrence Clarke and Hannah Clarke, his wife, recites that: "In consideration of $700, paid by William Littlefield and William Wood, Wardens of Trinity Church, and to Theodore Dehon, Rector, Francis Brinley, John Boures, Fran- cis Malbone, Benjamin Gardiner, Henry Sherburne, John Handy, William Crooke, Robert N. Auchmuty, Saunders Malbone, Simeon Martin, Peleg Wood, Edward Brinley and John C. Scott, Ves- trymen, of Trinity Church, aforesaid forever, a tract of land measuring three acres and a fourth part of an acre, bounded northerly on a passage way, or drift way, easterly on land belong- ing to John Easton; southerly on land of Daniel Lyman, and westerly on a road leading to Easton's Beach; 'Habendum' to the said Rector, Wardens and Vestrymen of Trinity Church
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NEWPORT, RHODE ISLAND.
forever." The grantees acknowledge the deed in common form (wife not apart from her husband).
Upon the Town records, following the above written deed is the following, to wit:
"At a meeting of the Rector, Wardens and Vestry of Trin- ity Church, in Newport, R. I., the 27th day of May, 1806:
"Whereas the lot of land of which Lawrence Clarke and Han- nah Clarke, his wife, have executed a deed of conveyance, bear- ing date the 19th day of this present month, to the Rector, ยท Vestry and Wardens of this Church, was purchased with money arising from the sale of a house and land in Newport, given by William Tate, late of Newport, in his last will and testament to and for the sole benefit of the poor belonging to this Church;
"Voted: therefore, that the rents and profits of said lot be appropriated to the charitable and benevolent purpose for which it was designed by the testator, and that the same be distrib- uted yearly and every year forever among the poor belonging to this Church at the Discretion of the Rector and Wardens for the time being; and that this resolution be entered by the Clerk of the Vestry upon said deed, and that he be requested also, to cause the same to be recorded by the Town Clerk of Newport, as well as in the book of records belonging to this Church, in order that a punctual compliance with the will of the said testator, as far as in the power of the Vestry may be ob- served and religiously attended to, by them and their successors.
"Newport, May 20, 1806.
"I hereby certify the above to be a true copy as extracted from the books of Records belonging to Trinity Church in this town.
J. BROWN, Clerk of Vestry."
The Committee appointed to sell the Clarke Lot; instead of selling it, leased it to Thomas Harkness for 999 years, and, though they had authority to sell the lot for not less than $600, they leased it for an advanced rent in solido of $645.
This sum, with the accumulations of rents then on hand, amounting together to $800, was invested by the Church in a permanent fund, for the benefit of the poor of the Church.
The facts recited show either gross carelessness, or a want
1
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ANNALS OF TRINITY CHURCH,
of knowledge of the law of trusts, in the persons who have taken part in the transactions here recited, probably the latter, for there is nothing disclosed in the facts which authorizes any inference inconsistent with entire good faith; for when it was discovered that the Church had made a temporary loan of this fund, an energetic disposition was at once manifested to repay it; and it was repaid. Yet it must be conceded, that Trinity Church was never appointed trustee under the Tate will, and when it assumed the control of the trust property as a volun- teer trustee, it perverted the trust, as created in that will, and, instead of dividing the trust estate among the poor of the Church in esse at the time of the death of Mary Tate, they in- vested it as a permanent fund, and have distributed the income among those who were the poor of the Church at the time the income was received.
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