1883-01 Annual Report of the Trustees of the Cemetery of Mount Auburn, Together with the Reports of the Treasurer and Superintendent. January, 1883.

MOUNT AUBURN CEMETERY.

Representative to be designated.

Chap. 28, Sect. 3, General Statutes, and Sect. 8 of Charter, provide, ‘‘If there be more than one devisee or heir-at-law, the Board of Trustees may designate which one shall represent the lot.”

Representative no control over title.

The designation does not affect the title. They (the heirs or devisees) are tenants in common; no sale can be made unless all sign conveyance.

Petition for representative. Importance of prompt return.

It is IMPORTANT that the petition for representative (furnished by the secretary) should be PROMPTLY returned with the names and residences of the heirs, and signed by a majority: otherwise delays may occur at the cemetery in ascertaining whether the order for interment is properly signed.

Lots indivisible. No record of part ownership.

Lots are indivisible, and ‘‘no record of any person’s interest in a lot, less than the entire ownership, shall be made on the books of the corporation.” (Rules and Regulation, Art. VII.)

H. B. MACKINTOSH,

Secretary pro tem. JANUARY, 1883.

1874. A bill relating to rights of widows in cemetery lots favorably reported did not become a law.

NOTE. — At the session of the Legislature in 1874, the Senate Committee on Probate and Chancery, to whom was referred the bill relating to rights of widows in cemetery lots, reported that the bill ought to pass. The bill was as follows: Chap. 28, Sect. 3, of the General Statutes, is hereby amended by inserting after the word “privilege” the words “and if he shall leave a widow, she shall, for the purposes of this act, be construed one of the heirsat law, or one of the devisees of said lot, as the case may be.” The bill did not become a law.

PERPETUAL REPAIR OF LOTS.

It is provided by Art. VIII. of the By-Laws as follows : —

DONATION IN TRUST. —“The Trustees may receive in trust from a Proprietor any sum of money, the income of which shall be appropriated to the repair of his lot, according to the terms of trust expressed in the form provided.”

PERPETUAL REPAIR, WITH GUARANTY. — “The Trustees may also guarantee the perpetual repair of lots, upon the payment of such a sum as the Committee on Lots shall deem sufficient for that purpose, a form for which is also provided.

"All such sums shall collectively constitute a separate fund, called the ‘Repair Fund,’ and shall be invested in some public stock of this State, or of the National Government, or in the stock of some bank or banks of this State, or in notes secured by a sufficient collateral pledge of stocks in this State, or mortgage on real estate in

RECONVEYANCE IN TRUST. —“A Proprietor who shall have contracted with the corporation for the care and preservation of his lot forever, desiring to place the same in perpetual trust, for the purpose of restricting the right of burial, or for any other legitimate object, may, with the consent of the Committee on Lots, reconvey such lot to the corporation, to hold the same forever, for the uses and trusts

MOUNT AUBURN CEMETERY.

expressed in his deed of reconveyance; reserving to himself, and to such as may be beneficiaries thereunder, the right of admission, and such supervision as may not be inconsistent with the rights which have vested in the corporation.”

Annexed to the GUARANTY CONTRACT is a report by the Superintendent, with drawings, describing in detail the condition of the lot and structures thereon. The amount deposited is an insurance FOREVER that the lot and its belongings shall always be maintained in the condition shown in the report, which is made the basis of the contract.

To cover all the contingencies of the near and remote future, a sum is fixed, the income of which will be sufficient to provide for the care of the grass, including resodding, and the repair and renewal of such tomb, curb, monument, or headstone, as shown in Superintendent’s report.

If any monument or headstones are added subsequent to the contract, they can be covered in the same manner.

After a contract for perpetual repair, with guaranty, has been made, the lot may be reconveyed to the corporation, in trust, naming in the deed the persons thereafter to be interred. The title to the lot being thus vested in the corporation, a perfect security is given that the wishes of the proprietor will be carried out.

Under the contract for Donation IN TRUST, the income of any sum deposited is applied to the care and preservation of the lot.

The necessary forms for provision by will for the above are given herewith.

J. W. LOVERING, Superintendent.

ANNUAL REPORT.

CEMETERY OF MOUNT AUBURN.

FORM FOR CLAUSE IN WILL TO BEQUEATH MONEY FOR "PERPETUAL REPAIR, WITH GUARANTY," OF LOT.

I hereby direct my executors to pay to the Proprietors of the Cemetery of Mount Auburn such sum of money as may be found necessary to obtain from said corporation a contract for the Perpetual Repair, with Guaranty, of my Lot, No. on the way called in said cemetery.

FORM FOR CLAUSE IN WILL DIRECTING "RECONVEYANCE OF LOT TO CORPORATION, IN TRUST."

[Reconveyance is only accepted after a Contract for Perpetual Repair, with Guaranty, has been made.

I hereby authorize and empower my executors to reconvey my Lot, No. in trust, to the Proprietors of the Cemetery of Mount Auburn, in consideration of the Contract of Perpetual Repair, with Guaranty, for the purpose of securing it as a burial-place for myself and the following persons :

and no other interments to be allowed.

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