1835_FoundingDocuments_Massachusetts Horticultural Society Agreement, 1831.015.039

To all Persons to whom these Presents shall come

Greeting

Know ye that the Massachusetts Horticultural Society in consideration of Ten Dollars paid to them by the Proprietors of the Cemetery of Mount Auburn, the receipt of which is hereby acknowledged, and for [?] other good and valuable considerations, do hereby grant, sell and convey unto the said Proprietors, their Successors and Assigns, all their Property and Estate in and to the Lands in the Towns of Cambridge and Watertown, in the county of Middlesex, heretofore known as the Cemetery and Experimental Garden at Mount Auburn, together with all Lands appurtenant to the same in which the Grantors have any interest, property or estate;- the said Premises being estimated to contain in the whole about one hundred and ten Acres, and for a more particular description of which reference is made to the Deeds of Rhoda Crafts, George W. Brimmer, Joel Stone, David Stone, David Stone Guardian, Columbus J. Stone, Melinda Stone, William M. Pomroy and Wife, Ann Cutler Severally to the Massachusetts Horticultural Society, recorded in the Registry of Deeds for the county of Middlesex.

To have and to hold the aforegranted Premises unto the Proprietors of the Cemetery of Mount Auburn, and to their Successors and assigns forever upon the Trusts and for the uses and Purposes mentioned and expressed in the Act of the Legislature, entitled "An Act to incorporate the Proprietors of the Cemetery of Mount Auburn"

And it is hereby understood and agreed between the parties that this conveyance is made expressly upon the following fundamental stipulations, which are to be mutually obligatory & said Act incorporating the said Proprietors of the Cemetery of Mount Auburn; First, that the present Proprietors of Lots in the said Cemetery, who shall become Members of the Corporation created by the said Act, shall thenceforth cease to be members of the Horticultural Society aforesaid, so far as their membership depends on their being proprietors of Lots in the said Cemetery; - Secondly, that the Sales of the Cemetery Lots shall continue to be

Middlesex Ys. October 9^th 1835. Recd. and Recorded this [?] together with the votes thereto annexed in the Registry of Deeds for said County of Middlesex - Book 38 Page [?] [Signatures]

made as fast as it is practicable by the corporation created by the said Act at a price not less than the sum of Sixty Dollars for every Lot containing three hundred square feet, and so in proportion of any greater or less quantity, unless the said Horticultural Society and the corporation created by the said Act shall mutually agree first sales of such Lots, after deducting the annual Expenses of the Cemetery Establishment, shall be applied to the extinguishment of the present Debts due by the said Horticultural Society on account of the said Garden and Cemetery, and after the extinguishment of the said Debts, the balance of the said Proceeds, and the Proceeds of all future Sales, shall annually on the first Monday in every year be divided between the said Horticultural Society and the corporation created by the said Act in manner following namely, fourteen hundred Dollars shall be first deducted from the gross proceeds of the sales of Lots during the preceding year, for the purpose of defraying the Superintendent's Salary and other incidental Expenses of the Cemetery Establishment, & the residue of the said gross Proceeds shall be divided between the said Horticultural Society and the corporation created by the said Act as follows, namely one fourth part hereof shall be received by and paid over to the said Horticultural Society on the first Monday of January of every year, and the remaining three fourth parts shall be retained and held by the corporation created by the said Act forever to their own use. And if the Sales of any year shall be less than fourteen hundred Dollars, then the Defi ciency shall be a charge on the Sales of the succeeding year or years. Fourthly, that the Money so received by the said Horticultural Society shall be forever devoted and applied by the said Society to the purposes of an experimental Garden, and to promote the Art and Science of Horticulture, and for no other purpose; and the Money so retained by the corporation created by this Act shall be forever devoted and applied to the preservation, improvement, embellishment and enlargement of the said Cemetery and Garden and the incidental Expenses thereof, and for no other purpose whatsoever. - Fifthly, that a committee of the said Horticultural Society duly appointed for this purpose, shall on the first Monday of January of every year have a right to inspect and examine the Books and Accounts of the Treasurer, or other offices acting as Treasurer of the Corporation created by this Act, as far as may be necessary to

ascertain the Sales of Lots of the preceding year.

In Testimony whereof, the said Massachusetts Horticultural Society have caused their common Seal to be hereto affixed, and this Deed to be signed and delivered by Elijah Vose, Jonathan Winship, Robert T. Paine, Marshal P. Wilder and Isaac P. Davis, (a committee of the said Society legally appointed for this purpose at a meeting thereof held June 6^th 1835, as by reference to the Record thereof, a copy of which is annexed, will appear) on this nineteenth Day of June, A.D. Eighteen Hundred and thirty five.

Executed in presence of

Elijah Vose Jon^a Winship Robert Treat Paine Marshall P. Wilder Is P. Davis-

Suffolks. Boston, July 13 1835. Personally appeared Robert T. Paine and acknowledged this instrument to be the free act and deed of the Massachusetts Horticultural Society ~ before me, Charles P. Curtis, Justice of Peace

Suffolks. Boston July 16, 1835 Personally appeared Marshall P. Wilder and acknowledged this instrument to be the free act and deed of the Massachusetts Horticultural Society ~ before me, Charles P. Curtis, Justice of Peace

Suffolks. Boston July 17, 1835. Personally appeared Isaac P. David & acknowledged this instrument to be the free act and deed of the Massachusetts Horticultural Society ~ before me ~ Charles P. Curtis, Justice of Peace -

Suffolks. August 1, 1835. Personally appeared Jonathan Winship & acknowledged this instrument to be the free act and deed of the Massachusetts Horticultural Society - before me - Charles P. Curtis, Justice of Peace

At a stated Meeting of the Massachusetts Horticultural Society held on Saturday, June Sixth, A.D. 1835

Hon. Elijah Vose, Senior Vice President, in the Chair. - The following Preamble and vote were introduced, and after discussion thereon, were passed, vis^t:

Whereas by an Act of the Legislature of this State passed March 31^st 1835, the Proprietors of the Lots in the Cemetery of Mount Auburn, were created a corporation by the name of "The Proprietors of the Cemetery of Mount Auburn", and said Proprietors have in writing informed this Society that they have organized themselves under said Act, and have requested a conveyance of the Land in the Towns of Cambridge and Watertown known as Mount Auburn, together with all the Land belonging to this Society appurtenant & the same, agreeably to the terms of separation entered into by said Proprietors and this Society on the Day of [blank] last, therefore

Voted, that Elijah Vose, Jonathan Winship, Robert T. Paine, Marshal P. Wilder, and Isaac P. Davis be and they are hereby authorised (as soon as it is, in their opinion, expedient,) to execute, acknowledge and deliver to the said Proprietors of the Lots in the Cemetery of Mount Auburn, a Deed or convey ance in fee simple, and under the Seal of this Society, of all the Property and Estate of the Massachusetts Horticultural Society in and to the Lands in the Towns of Cambridge and Watertown, in the county of Middlesex, generally heretofore known as the Cemetery and Experimental Garden at Mount Auburn, together with all the Lands appurtenant to the same, in which this Society has any property or estate. The same Lands being in the whole estimated to contain about 110 Acres.

And that said Deed shall not contain any convenant of Warranty of the Title of said Lands, but shall contain the conditions or terms of separation agreed on by this Society and the said Proprietors

A true copy from the Record (signed) Robert Trust Paine Robert Treat Paine Recording Secretary