1847-09-03 Story Statue: Agreement Between Trustees of the Cemetery of Mt. Auburn & William W. Story, 1831.039.004-013

Model to the Trustees, & deliver it to them or their Agent, & shall then be entitled to receive one moiety of the sum hereinafter mentioned held by the Treasurer of the said Institution for the purchase of a Statue of the late Honorable Joseph Story, with the interest or income accrued thereon from & after the date of this Agreement.

And the said Story further agrees that in designing & executing such Model & Statue & Pedestal, he will exercise his best skill, art, & dispatch.

And the said Trustees in behalf of the Proprietors of the Cemetery of Mount Auburn, in consideration of the foregoing covenants on the part of the said William W. Story, do hereby agree with the said Story that they will pay over to him or his order the sum of thirty nine hundred seventy dollars together with all the interest or increase accruing thereon between the date of this Instrument & the payment of the said monies in manner following to wit - One half of the said sum & increase which shall have accrued to be paid upon the completion & transfer to them of the clay model of the said Statue, & the other half of the said sum & increase which shall then have accrued, to be paid upon the completion & delivery of the marble statue at Mt. Auburn as aforesaid.

In Testimony whereof the said Trustees by Charles P. Curtis & John C. Gray, a Committee thereof thereunto lawfully authorized, & the said William W. Story have hereunto set their hands the day & year above written.

Charles P. Curtis John C. Gray W.W. Story

[red seal]

NB: These funds are invested in Scrip of the United States & in shares of the Atlantic Bank in Boston-

Memorandum of Agreement made this twenty third day of September in the year One thousand Eight hundred & forty seven, by & between the Trustees of the Cemetery of Mount Auburn in the Commonwealth of Massachusetts of the first part, & of William W. Story of Boston in the said Commonwealth of the second part, witnesseth -

That the said William W. Story in consideration of the covenants of the said parties of the first part hereinafter contained, hereby agrees with them that he will model & cast in Italian marble a statue as large as life of the late Honorable Joseph Story - that he will model & execute in such material as shall seem proper to him a Pedestal for the said Statue; & that he will complete & deliver the said Statue & Pedestal at the door of the Chapel in the said Cemetery of Mount Auburn in Cambridge in the said Commonwealth, within five years from the date of this Instrument.

And the said Story further agrees that on the completion of the model in clay of the said statue, he will give notice thereof to the said Trustees for the time being, & if the said model shall not be in Massachusetts, he will furnish & deliver drawings thereof sufficient to enable the Trustees to judge of the same, & if the Trustees are not satisfied with the said Model, & said Story shall he unwilling to make such alterations thereof as the Trustees may suggest, he shall proceed no further; but in case they shall signify their approval of the Model, said Story shall then proceed to execute the said Statue in marble; & in either case he shall by a proper instrument convey the Model said

Agreement between Trustees of the Cemetery of Mt. Auburn & William W. Story.

Date Sept. 3. 1847 --

Contract cancelled & new one made