Historical sketch of Hollywood Cemetery : from the 3d of June, 1847, to 10th July, 1889, Part 1

Author: Bigger, J. Bell
Publication date: 1893
Publisher: Richmond, Va. : The Baughman Stationery Co.
Number of Pages: 54


USA > Virginia > Henrico County > Henrico County > Historical sketch of Hollywood Cemetery : from the 3d of June, 1847, to 10th July, 1889 > Part 1


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HISTORICAL SKETCH


OF


Hollywood Cemetery,


FROM THE


3d of June, 1847, to Ioth July, 1889.


Prepared by Committees appointed for that object, on the fourth day of May, 1875, and on the first day of June, 1891.


OFFICE OF SECRETARY AND TREASURER, No. 1014 East Main Street.


RICHMOND: THE BAUGHMAN STATIONERY CO., PRINTERS. 1893.


Pamphlet Collection Duke University Library


HISTORICAL SKETCH


OF


Hollywood Cemetery,


FROM THE


3d of June, 1847, to 10th July, 1889.


PREPARED BY COMMITTEES APPOINTED FOR THATTOBJECT, ON THE FOURTH DAY OF MAY, 1875, AND ON THE FIRST DAY OF JUNE, 1891.


OFFICE OF SECRETARY AND TREASURER, NO. 1014 EAST MAIN STREET.


RICHMOND : THE BAUGHMAX STATIONERY CO., PRINTERS, 1893.


BOARD OF DIRECTORS, ELECTED MAY 4, 1875.


WILLIAM H. HAXALL, President. JAMES H. GARDNER, Secretary and Treasurer.


CORBIN WARWICK,


HENRY EXALL,


JOHN L. BACON,


THOMAS D. QUARLES,


ALFRED T. HARRIS,


ROBERT F. WILLIAMS,


PEACHY R. GRATTAN, WELLINGTON GODDIN,


CHARLES T. WORTHAM,


JOHN B. DANFORTH.


JAMES O'KEEFE, Superintendent.


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HISTORICAL SKETCH


OF


HOLLYWOOD CEMETERY,


EMBRACING IMPORTANT PROCEEDINGS SINCE THE ORGANIZATION OF THE COMPANY.


In the spring of 1847, two citizens of Richmond, Messrs. JOSHUA J. FRY and W.M. H. HAXALL, whilst on a visit to Boston, visited " Mount Auburn," the beautiful cemetery near that city, and, impressed with the solemn grandeur of the place, resolved that they would, on their return to Richmond, propose the establishment of a rural cemetery near the city. At first the scheme did not meet with much favor, or at least some of those approached on the subject did not give the project that encouragement which had been expected from them. Messrs. FRY and HAXALL determined, however, that the cemetery should be established, and received assurances of active co-operation from several public-spirited citizens of wealth and influence, who appreciated the importance of the undertaking.


On the 3rd of June, 1847, JOSHUA J. FRY, WILLIAM MITCHELL, JR., WILLIAM H. HAXALL and ISAAC DAVENPORT, SR., purchased of Lewis E. Harvie, who sold under a deed of trust from Jaque- line B. Harvie, for the sum of $4,675, " a certain portion of the lots or parcels of land lying and being in the town of Sidney, in the county of Henrico, together with the privileges and appurtenances to the same belonging, which said portion is ad- joining to Clarke's Spring, and contains by survey, forty-two acres, three roods, but of which one rood, known as Harvie's


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Historical Sketch of Hollywood Cemetery.


burying yard or grave yard, with free ingress and egress to the said grave yard, is reserved." This purchase was made with the design of establishing a Rural Cemetery.


On the 3rd of August following, a meeting of the subscribers, who had now become associated with the purchasers above named, was held in the Stockholders' room of the Farmers' Bank of Virginia. ISAAC DAVENPORT was called to the Chair, and CHARLES C. HUDSON appointed Secretary. The subscribers organized themselves into a company by appointing a President, Treasurer and Secretary, and four Trustees,-namely: ISAAC DAVENPORT, President, JOSHUA J. FRY, Treasurer, CHARLES C. HUDSON, Secretary, and WILLIAM MITCHELL, JR., THOMAS H. ELLIS, WILLIAM H. HAXALL and JAMES H. GARDNER, Trustees. They adopted also the following Resolution : "That the Board of Trustees shall be charged with the general care and manage- ment of the property and grounds of the company, and shall have power to make contracts for the improvement and embel- lishment of the said grounds, and arrangements for the proper regulation thereof, and may employ all necessary superintendents and agents for that purpose,-under and subject to such direc- tions, general or special, as the subscribers may from time to. time prescribe." The price of a share in the Cemetery Associa- tion was fixed at $100.


A majority of the subscribers not having been present at that meeting, it was deemed expedient to hold another. Accordingly a second general meeting, more fully attended, was held in the counting-room of Messrs. Davenport, Allen & Co., on the 9th of August, 1847. Corbin Warwick was called to the Chair, and Charles C. Hudson appointed Secretary. The old officers re- signed ; whereupon a new board was elected-as follows : Isaac Davenport, President, Joshua J. Fry, Treasurer, Charles C. Hud- son, Secretary, and William H. Haxall, Thomas H. Ellis, James H. Gardner, Horace L. Kent, Robert Mcclellan and Henry Excall, Trustees, Mr. Mitchell having declined to serve.


In November, 1847, the work of clearing and improving the grounds was commenced under Mr. David Græme as superin- tendent.


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Historical Sketch of Hollywood Cemetery.


On the 27th of November, 1847, Isaac Davenport, Joshua J. Fry, and William H. Haxall purchased of Wellington Goddin, for the sum of $725, one acre lot in the town of Sidney, with the improvements thereon, adjoining the land previously pur- chased : and on the same day, purchased of John A. Pilcher, for the sum of $1,000, one other acre lot, also adjoining that pre- viously purchased, both being for and on account of the new Cemetery Company.


In August, 1847, Mr. William A. Pratt, architect and late superintending Engineer of Green Mount Cemetery, near Balti- more, now of this city, very obligingly furnished the subscribers, without charge, a plan for their proposed Cemetery, prepared by himself after a careful topographical examination of the site.


The approaches to the Cemetery having been subsequently changed, and other variations determined upon, the Board availed themselves of a visit which Mr. John Notman, architect, of Philadelphia, was making to Virginia, for the purpose of lay- ing out the grounds at the Huguenot Springs, to engage him to prepare a more complete and precise plan than that which had been furnished by Mr. Pratt.


In February, 1848, Mr. Notman's plan was received, having been executed in the most skilful and satisfactory manner, after great pains taken to bring out all the beauties of which the site of the Cemetery was capable. The prevalence of the beautiful holly-tree upon the grounds, induced Mr. Notman to suggest the name of HOLLY-WOOD CEMETERY, which was adopted by the subscribers.


At a session of 1847-48, the Legislature having refused a charter, the land was advertised to be sold in building lots. on the 24th day of April, 1848, orders to that effect having been given by the Board of Directors. But many of the subscribers having signified their unwillingness to abandon the scheme, that sale was postponed, and a general meeting of the subscribers called for the 1st May, 1848-which was held in the office of Messrs. Meredith & Young. Samuel Reeve was appointed Chairman, and Alexander Duval Secretary. To test the sense of


S


Historical Sketch of Hollywood Cemetery.


the meeting, a motion was made that the subscribers consent to a sale of the property, which motion was decided in the negative by a very large majority. A committee consisting of P. R. Grattan, G. A. Myers, W. Goddin, W. H. Harall and I. Dav- enport, was then appointed to procure a deed conveying the property in trust for the use of the Association, and to prepare By-Laws, Rules and Regulations for the government of the Association, and report to an adjourned meeting of the sub- scribers.


On the 10th of May an adjourned meeting was held at the same place. The committee appointed to procure a deed, &c., reported that they had performed their duties only in part, and submitted a series of By-Laws which were adopted by the meet- ing. R. B. Harall, T. W. McCance and W. Goddin, were appointed a committee to nominate directors, and upon their nomination the following gentlemen were elected, to wit : Thos. H. Ellis, William Mitchell, Jr., William Henry Haxall, Henry Ecall, James H. Gardner, Alexander Duval, Corbin Warwick, Wellington Goddin and Gustavus A. Myers ; Mr. Darenport, the former President, having declined to serve again in the Board. The Board of Directors were instructed to appoint nine Trustees, to whom the property was to be conveyed in trust. And B. W. Hacall and R. H. Maury were appointed a com- mittee to solicit additional subscribers, and to obtain the signa- tures of all previous subscribers to the By-Laws.


Early in July, 1848, the work of laying out and improving the Cemetery according to Mr. Notman's plan was commenced, and vigorously prosecuted with a force varying from twelve to twenty-five laborers, until late in November, when the force was reduced to the superintendent and three laborers.


In March following, the work was resumed with a larger force, and the funds for this purpose were raised by Mr. Jas. H. Gardner, who negotiated a Bank Loan to an amount of about $12,000 upon his individual endorsement, and continued it as an accommodation to the Company until sufficient was realized from sales of lots to cancel the debt entirely.


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Historical Sketch of Hollywood Cemetery.


The following is a list of the subscribers:


Joseph Allen,


Isaac Davenport,


Frederick Anderson.


John L. Bacon,


James Dunlop, Alexander Duval,


William Barret,


Thomas H. Ellis,


William Beers,


John England, Henry Exall,


John G. Blair,


James C. Crane,


H. W. & J. J. Fry,


James H. Gardner,


A. F. D. Gifford,


Wellington Goddin,


Peachy R. Grattan,


H. Brooke Gwathmey,


Alfred T. Harris,


Bolling W. Haxall,


Richard Barton Haxall,


Wm. Henry Haxall,


Richard Hill, Jr.,


John Howath,


Charles C. Hudson.


F. & J. S. James & Co., Caleb Jones,


Horace L. Kent, James S. Kent,


William H. Macfarland,


Robert H. Maury,


Thomas W. McCance,


Robert Mcclellan, Wm. Mitchell, Jr.,


Theodorick Robertson, James Scott, Robert B. Somerville,


John H. Strobia,


James M. Sublett,


James Thomas, Jr.,


John Thompson, Jno. E. Wadsworth, Abram Warwick,


Corbin Warwick, John G. Wayt. John Womble.


Charles T. Wortham.


Gustavus A. Myers, Charles F. Osborne,


Royal Parish, John A. Pilcher,


Charles W. Purcell,


Thomas D. Quarles, Samuel Reeve,


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Historical Sketch of Hollywood Cemetery.


DEED OF TRUST.


THIS INDENTURE, made this 23rd day of April, in the year 1849, between Isaac Davenport and Eunice, his wife, Joshua J. Fry and Sally B., his wife, William Henry Haxall and Alice, his wife, and William Mitchell, Jr., and Julia A., his wife, of the first part, and William H. Macfarland, Abraham Warwick, Richard Barton Haxall, Humphrey Brooke Gwathmey, James C. Crane, John Womble, Horace L. Kent, Peachy R. Grattan and John L. Bacon of the second part; Whereas, divers persons have heretofore subscribed certain sums of money for the pur- chase of a tract or tracts of land, adjacent to the city of Rich- mond, whereof so much as they may deem proper is to be used and appropriated in perpetuity as and for a Cemetery and burial place and have associated themselves together by the name of "The Holly-Wood Cemetery Company;" and whereas the land so purchased has, for the convenience thereof, been heretofore conveyed to the parties of the first part to this indenture, in fee simple, who are now desirous to convey the same to Trustees for the uses and purposes for which the said land was originally purchased, and the said parties of the second part have been named and selected by the said company as the Trustees aforesaid. Now this indenture witnesseth that for and in consideration of the premises, and also of the sum of five dollars to the said parties of the first part in hand paid by the said parties of the second part before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, the said parties of the first part have granted, bargained and sold, and by these presents do grant, bargain, sell and convey unto the said parties of the second part, and the survivors and survivor of them, and the heirs and assigns of such survivor, a certain tract or parcel of land in the county of Henrico adjacent to the said City of Richmond, and to Clarke's Spring, in the said county, containing forty-four acres and three roods, embracing a portion of the lots of ground lying and being in


11


Historical Sketch of Hollywood Cemetery.


the town of Sidney, together with the improvements thereon and the privileges and appurtenances thereto in anywise belong- ing; of which said tract or parcel of land, forty-two acres and three roods, were conveyed to the said parties of the first part by Lewis E. Harvie by deed, bearing date the 23rd day of June, 1847, and with the plat thereto annexed, admitted to record in the Clerk's Office of Henrico County Court on the 3rd day of July, 1847; but out of which said forty-two acres and three roods, one rood is reserved by said deed, known as Harvie's burying ground or grave yard, with free ingress and egress to the same; the said property so conveyed by said deed with the metes and boundaries of the same, being fully set forth and described in the said plat annexed to the said deed. Of the remaining two acres of the said tract of land, one acre was con- veyed by deed, to the said Isaac Davenport, Joshua J. Fry and William H. Haxall, a portion of the said parties of the first part, by Wellington Goddin and Eliza P., his wife, and the other acre, designated in the plan of the said town of Sidney as lot No. 528, was by deed conveyed also to the said last men- tioned persons by John A. Pilcher and Elizabeth A. P., his wife, both which last mentioned deeds bear date the 27th day of November, in the year 1847, and are of record in the said office of the said court on the Sth day of December, 1847; all of which by reference to the said above recited deeds and the said plat annexed to the said deed of the 23rd of June, 1847, will more fully and at large appear. To have and to hold the said tract or parcel of land hereby conveyed or intended to be conveyed unto the said parties of the second part and the sur- vivors and survivor of them and the heirs and assigns of such survivor forever. Upon the following trusts, and for the follow- ing purposes and for none other, that is to say :


First. That the said parties of the second part shall hold the property hereby conveyed for the sole use and benefit of such persons as have now subscribed and paid for a share or shares in the said Holly-Wood Cemetery Company, and for such person or persons as may hereafter subscribe and pay for a share or shares in the same.


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Historical Sketch of Hollywood Cemetery.


Secondly. That the said parties of the second part, the sur- vivors and survivor of them and the heirs of the survivor, shall permit such person or persons as the share-holders or a majority of them shall hereafter appoint to enter upon the property hereby conveyed for the purpose of laying out and improving the ground.


Thirdly. The said person or persons so appointed as aforesaid, shall divide the said property into lots and number the same. Shall sell the said lots for burial purposes and none other, with the exception hereinafter stated, either by private sale, or at public auction, for ready money, or upon time as they may deem most advisable and beneficial for those therein concerned, and shall pay over to the share-holders, out of the proceeds of such sales the amounts respectively which they shall have paid for the said land and the improvements of the said ground, the title to which said lots shall be conveyed by the said parties of the second part, or by any three of them, who are hereby authorized to act for the survivors or survivor of them or the heirs of such survivor.


Fourthly. When the said share-holders shall have been paid the amounts as aforesaid, and the expenses of improvement as aforesaid, then the said parties of the second part, their sur- vivors and survivor and the heirs of the survivor shall hold the said property for the exclusive use of the purchasers of said lots, but the said purchasers shall not at any time, with the exception hereinafter stated, convert the said property to other uses than that of burial, nor shall any purchaser or purchasers at any time sell the right of burial in any lot or lots so pur- chased by him or them.


Fifthly. The said purchasers of lots shall have the right to prescribe, either by themselves or by agents or directors to be annually appointed by them in public meeting, rules and regu- lations for the management of said property : and any sale or transfer of said lots by the said purchasers or any one of them, or by agents or directors for them, shall be made in accordance with and after the manner and form which the said purchaser shall hereafter at any time adopt.


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Historical Sketch of Hollywood Cemetery.


Sixthly. The remainder of the proceeds arising from the sale of the said lots, after payment as above mentioned to the said share-holders, shall be used and expended in the further im- provement of the said grounds, subject to the control of the said purchasers therein ; and such lots as shall remain unsold shall belong to and be held by the said parties of the second part, their survivors or survivor and the heirs of the survivor, for the purchasers aforesaid collectively ; the interest of each said pur- chaser to be in proportion to the sum or sums paid by him in the purchase of such lot or lots as shall have been sold as afore- said, and the person or persons appointed by the said share- holders for the sale of said lots and other purposes as herein above provided, shall keep a record of such sales as are made by them in a book provided for the purpose.


Seventhly. Whenever the said share-holders (so long as they retain an interest in said property) or two-thirds of them, and whensoever the said purchasers or owners of the said lots shall, at a meeting called for the purpose, request the said parties of the second part, their survivors or survivor, or the heirs of the survivor, to convey to any other person or persons, upon the trusts contained in this indenture, the title to the said property, and shall tender to the said parties of the second part, or any three of them, as aforesaid, their survivors or survivor, or the heirs of the survivor, a deed properly prepared for the purpose, it shall be the duty of the parties of the second part, or any three of them, as aforesaid, the survivors or survivor of them, and the heirs of such survivor, to execute the said deed in such manner as that the same may be admitted to record in the proper office in the manner prescribed by law at the time of its execu- tion.


Eighthly. Whenever at a meeting of the said purchasers or owners of the said lots, to be called for the purpose, it shall be determined by a vote of two-thirds or more of the said pur- chasers or owners, to sell a portion of the said lots for other purposes than those of burial, the same may be sold by the said annually appointed agents or directors, or by other person or persons appointed by the said purchasers or owners for that


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Historical Sketch of Hollywood Cemetery.


special purpose, the title to which said portion shall be con- veyed by deed or deeds properly prepared as aforesaid, and tendered for execution to the said parties of the second part, or any three of them as aforesaid, their survivors or survivor, or the heirs of the survivor, or to such person or persons as may then be fully authorized to execute and deliver the same, so that the same may be legally recorded. But no lot or lots that shall previously have been sold to any purchaser and paid for by him, and either used or intended to be used by him for burial pur- poses, shall be re-sold without the consent of such purchaser or owner. The proceeds of such sale to be held by the said parties of the second part, their survivors or survivor, and the execu- tors and administrators of such survivor, or by such person or persons as may then be properly authorized by the said pur- chasers, to hold the same and be disposed of as the said pur- chasers or a majority of them shall direct, and the interest of each said purchaser in such proceeds shall be in the same pro- portion as his interest in the said lots as hereinbefore specified.


Ninthly. It is to be understood that in determining what are two-thirds of the share-holders and two-thirds of the purchasers or owners of lots as meant in this deed, at any meeting of the share-holders, so long as they retain an interest in said property, each share-holder shall be entitled to one vote for each share so held by him. And when the share-holders shall have been paid in a manner as hereinbefore specified, and as share-holders shall have ceased to retain an interest in the said property, at any meeting held by the purchasers or owners of the said lots, each purchaser or owner shall have one vote for each lot purchased and held by him.


In witness whereof, the parties to these presents have here- unto set their hands and affixed their seals, on the day and in the year first above written as the date hereof.


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Historical Sketch of Hollywood Cemetery.


FORM OF CONVEYANCE.


KNOW ALL MEN BY THESE PRESENTS, that we


and , three of the Trustees of the Holly-Wood Cemetery Company, named among the parties of the second part, in a certain deed from Isaac Davenport and Eunice, his wife, and others, parties of the first part, dated the 23rd day of April, 1849, and admitted to record in the Clerk's Office of the Richmond Hustings Court, on the day of


in the same year, and authorized by the third section of said deed, to convey any lot or lots of land belonging to the said Company for the purposes, however, specified in the said deed as by reference thereto will fully appear, do, for and in consideration of the sum of dollars and cents


in hand paid to to and for the use of the said above named Company, grant, bargain, sell and convey unto


heirs and assigns Lot of land in the Cemetery of the said Company, situate in the town of Sid- ney, in the county of Henrico, which Lot delineated and


laid down on the map or plan of said Cemetery, made by in the possession of the said Company, and marked number , containing superficial feet, with the privileges and subject to the conditions and limitations specified in the Rules and Regulations hereunto annexed. To have and to hold the said above described Lot, with the privileges and subject to the con- ditions and limitations aforesaid, unto the said


heirs and assigns forever.


In witness whereof, we the said and


, Trustees as aforesaid, have hereunto set our hands and affixed our seals, this day of in the year


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Historical Sketch of Hollywood Cemetery.


BY-LAWS.


Whereas, the subscribers have united in the purchase of cer- tain lands lying near the city of Richmond, for the purpose of a Cemetery ; and, whereas, the said lands have been conveyed to trustees upon certain trusts declared in the deed of conveyance : and. whereas, it is expedient and necessary that we shall have terms of union and rules and regulations for the conducting of our proceedings and for the management and supervision of the Cemetery :


Be it Resolved, 1st. That the subscribers hereto, and any other persons who may become subscribers, by the payment of a sun not less than one hundred dollars, shall be united under the name of the Holly-Wood Cemetery Company, and they shall constitute said Company until the sales of the lots in the Ceme- tery grounds shall be sufficient to pay to them the amount which has been or may be expended by them out of their subscriptions or contributions in the purchase of said lands and the improve- ments thereof.


2nd. When the amount expended for and upon said grounds, by the subscribers aforesaid, shall be paid to them by the sale of the lots in the Cemetery grounds, the subscribers, as such, shall cease to be members of the Holly-Wood Cemetery Company, and the said Company shall consist of the purchasers of the said lots.


3rd. The affairs of the Holly-Wood Cemetery Company shall be managed and conducted by nine Directors, to be chosen an- nually by the members of said Company, at a general meeting of the said members. And the said Directors shall hold their office until the next annual meeting of the Company and until their successors are appointed, and they shall be governed in their action by the trusts of the deed and such rules and regu- tions as may be established by the members of said Company, not inconsistent with said trusts.


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Historical Sketch of Hollywood Cemetery.


4th. The said Directors shall appoint from their own number a President, and shall also appoint a Secretary and Treasurer. The President shall preside at the meetings of the Directors and perform such other duties as they may affix to his office. The Secretary shall keep a record of all the proceedings of the Company and of the Directors, and of such other matters as the Directors may direct. The Treasurer shall receive and pay out all the moneys of the Company under such rules and regulations as the Directors may prescribe.


5th. The Directors, a majority of whom shall constitute a quorum, shall proceed to prepare the said grounds for use as a Cemetery ; shall lay off the same or so much thereof as they shall think necessary into lots for burial places, and number the said lots, and enter the said numbers of record ; and shall pro- ceed to sell said lots at such times and on such terms as they shall think most expedient; and shall, out of the proceeds of sale, pay to the subscribers respectively the amount each has paid for the purchase of said land and the improvement thereof. And in the improvement of said grounds and laying off said lots, they shall be regulated by the plat thereof, furnished to the subscribers by John Notman, subject to such partial modifi- cations as experience may prove to be necessary. They shall prepare and establish rules and regulations for the management of the affairs of the Company, and the disposition, improve- ment and protection of the Cemetery grounds. They may fill vacancies in their own body. And they shall do all other things necessary to the objects of said Company, subject, however, in all things to the control of the Company. And they shall make a report of their proceedings to the Company at its annual meeting.




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