000_1882 Scrapbook of Newspaper Clippings Vo 1, 2005.120.001

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[?]ases where assistance would accomplish [a?]ctual and personal good. He was exceed[in?]gly generous in unostentatious ways, tak[in?]g care always to keep from the left hand that the right hand was doing. Everything [h?]e did was done for the pleasure of doing and the good it did others. He took more [p?]leasure in helping needy people whom he [k?]new personally than in giving large sums [?] general charity. Several successful [y?]oung men owe their start in life to him, [h?]aving gone through college at his expense. [H?]e has assisted in the musical or artistic [e?]ducation of many young men and women [o?]f more talent than opportunity. Not un[n?]aturally he preferred that the initiative in [s?]uch matters should be his own.

One of the monuments to his memory is [th?]e beautiful Episcopal Church building [w?]hich he gave to Holy Trinity parish in [M?]arlboro. This structure, of the style of [a?]rchitecture known as "early English," has seating capacity of 200 to 300, and cost [ov?]er $10,000. The corner stone of the edi[?]e was laid on June 10, 1887, and was com[pl?]eted before the following Christmas. The [ch?]urch is lighted by electricity, and on the [?]ta[?] are two very handsome brass candle[st?]icks of the sixteenth century patter, [?]ough from Italy by Mr. and Mrs. Sears 1887. In this society both Mr. Sears and [hi?]s wife took a deep interest. Another of [hi?]s practical philanthropies was the estab[lis?]hment and endowment of the West End [W?]orkingman's Club, an organization in [wh?]ich Phillips Brooks was greatly interest[?]. He also was instrumental with Bishop [Br?]ooks in starting the Poplar Street Club, temperance organization. Yale University [w?]as one of his especial cares, and he always [?]ve with a free hand to that institution. [O?]ne of his gifts was the valuable classical [?]rary of the noted German scholar, Ernest [?]artius.

Mr. Sears, when he first settled down in [Bo?]ston attended Trinity, where a great [fri?]endship sprung up between him and Phil[lip?]s Brooks. Later he took an interest in [th?]e organist at the Church of the Avent [?]d gave a good deal of attention to the [de?]velopment of the musical service there. [?]tterly the family have been attending [Em?]manuel Church. He was always very [?]eral in his contributions to church work. Mrs. Sears and two children survive him. [Th?]ere is a son, J. Montgomery Sears,, and a [da?]ughter, Helen.

Miss Ula. L. Murray of this city seeks [a?]n injunction against her uncle, Tim[o?]thy J. Shea of this city, to restrain [h?]im from disinterring the bodies of her mother, Mary A. Murray, and sister, Alice, from his burial lot in the Holy Cross cemetery, Malden, and from sell[i?]ng or disposing of his lot.

She claims that her sister was buried [i?]n the lot by him while she and her [f?]amily were in the West more than 20 years ago, and that her mother was [b?]uried in the lot in February, 1904, at his earnest solicitation, and it was un[d?]erstood that the interments were to be final.

She received a letter from his lawyer on Feb. 28, she declares, calling upon her to have the bodies at her expense. She did not do so, and wants to have him prevented from doing so, or making any sale of the lot, as she says she believes he is about to do.

An order of notice was issued to her counsel, S.E. Duffin, to the respondent, returnable March 19.

1906

LAST SEARS WILL MISSING, OLDER ONE TO BE FILED — Recent Instrument Disposing of Over $20,000,000 Has Not Been Found. — SEARCH STILL IN PROGRESS — Testator Did Not Intimate He Wished to Change Later Disposal. — NO HINT IN HIS LAST ILLNESS — Document Drawn 12 Years Ago Leaves Nearly All to Family. — Search for the last will of the late J. Montgomery Sears, which is strangely missing, as told exclusively in The Herald yesterday afternoon, is still in progress and will be continued until every hope is dissipated of locating the missing document which disposes of the enormous sum of $20,000,000 to $25,- 000,000.

That the hopes entertained by the members of Mr. Sears' family of ever finding his last will are very small was made plain by the statement of J. Montgomery Sears, Jr., last night, that the will made about 12 years ago would soon be offered for probate.

The greatests secrecy is being maintained by all the members of the family regarding the loss of the will. J.M. Sears, Jr., went so far as to say, last night, that he had no personal knowledge of any will having been made subsequent to the one executed many years ago. When asked if he would say that his mother and his father's attorneys did not know of such a document, he would not answer the question. Mrs. Sears denied herself to all callers.

C.F. Choate. Jr., brother of Mrs. Sears, and a well known lawyer, stated positively to a representative of The Herald, however, that "the members of Mr. Sears' family had good reason to believe that a second will had been made," and added that the reason for withholding from the public all information concerning the document drawn up so long ago is because of the hope that the later will may ultimately be found.

Hutchins & Wheeler were Mr. Sears' counsel for many years, but E.W. Hutchins was absolutely mum, yesterday afternoon, in reply to all questions concerning the missing will.

"I'm sorry I can't discuss the matter with you," he said, "but I don't think it would be proper for me to do so."

"But has the missing will been found?" he was asked.

"Assume that it was missing."

"No. I'm not ready to do anything of the kind. I must stick to my original [?]nation not to discuss the case

until the proper time comes, and that time is not the present."

The first will executed by Mr. Sears was drawn up about 12 years ago, when his son, J. Montgomery Sears, Jr., was a schoolboy, and his daughter, Miss Helen, was a mere child. When his son became of age, however, and legally competent to manage and direct his own affairs. Mr. Sears made a new will. This is the document which cannot now be found.

Although the family refuses all information about it, it may be said that the will executed by Mr. Sears 12 years ago leaves the entire estate, with the exception of a few minor bequests, to Mrs. Sears and the two children.

Mr. Sears Never Intimated Desire to Change Last Will.

In the event that the missing will is not found and this document is offered for probate, it will not be necessary for the family to prove that the missing will has been destroyed. When the will is offered for probate, if there is no contest made, it will only be necessary for the interested parties to show that the document offered the court is the last will and testament executed by the deceased which has been found. Should any contestant came forward with proof that a subsequent will had been made, some delicate questions of law would arise which might result in serious complications.

The attorneys for Mr. Sears who drew the second will turned it over to him after it had been properly executed and attested, but no the slightest trace of it has been secured.

In the hope that Mr. Sears may have put the will carelessly aside in some out-of-the-way corner, a thorough and systematic search has been made of his beautiful city home, at the corner of Arlington street and the Commonwealth avenue, by members of the family and servants, while the clerks are going over every scrap of paper in his office. The country home of Mr. Sears, at Southboro, where he died has been ransacked, but without result.

If Mr. Sears had changed his mind about any of the details of the will, it is felt that he would surely have mentioned the fact to Mrs. Sears; but, although it has been known by the members of the household that Mr. Sears had made a will, he never talked of it and gave not the slightest intimation of an intention to destroy the will or make a new one.

During Mr. Sears' last illness nothing was said to him about the disposition to be made of his enormous estate. Mr. Sears could never be induced to believe that his illness would have a fatal termination, and until within a very short time before the end came he talked of plans which he had made for the future when he would be able to be out again. He laughed at the doctors who told him that he was beyond the reach of medical skill and that the end was rapidly approaching; and Mrs. Sears, faithful and devoted nurse, insisted that every one should keep up an appearance of cheerfulness in his presence, and herself ministered to him with a smiling face and talked cheerfully with him while her heart was bowed in grief.

Family Know His Wishes Only from Previous Conversations.

Not once did he speak of anything that he wanted done in case he should die, and such knowledge as Mrs. Sears and her son and daughter have as to what would be the wishes of the husband and father, come rather from their intimate knowledge of him and his plans and conversations had with him before his last illness.

One of the directions, which it is felt confident by Mr. Sears' friends will be found in the last will, if it is discovered, is in relation to "Wolf Pen," the magnificent country estate of Mr. Sears at Southboro. To Mr. Sears this was home. He much preferred it either to his town house or his estate at Bar Harbor. For a number of years he had been adding, as occasions offered, to the Southboro property, until now the holdings there anount to at least 500 acres. Great improvements have been in progress on this property, a large part of which he had planned to turn into one of the most beautiful private parks in the country. Driveways have been laid out, and eminent landscape gardeners consulted with a view to adding where possible to the natural beauties of the place.

Mr. Sears' heart was set on the accomplishment of this project, and those who knew him best feel that if his last will is found it will contain certain instructions for a continuation of this work, because it is generally understood that for some reason the other members of Mr. Sears' family were not nearly so enthusiastic as he about the beauties of Southboro, and preferred the place at Bar Harbor during the warm [weat?]her and the town house in the winter.

[?] [pecu?]liar coincidence in connection [?] of Mr. Sears' will and the [?] [le?]gal entanglements

is that the will of Mr. Sears' father, by which the son inherited approximately $10,000,000, was in the courts for a long time on the question of interpreting some of its clauses, the main question being whether the testator had intended for the boy to have the property when he came of age, or whether it was to remain in the hands of the trustee, Mr. Alpheus Hardy.

In his will the elder Sears directed that his son should be paid $30,000 when he became of age, in addition an annual allowance of $4000 until he was 25 years old, $6000 for the next five years, and thereafter the payments were to be $10,000 a year. If the son died before attaining his majority, Joshua Sears declared the estate should be divided among his heirs.

In 1876 J. Montgomery Sears brought an action in equity to determine his right to the possession of the entire estate of his father. It was claimed in his behalf that the will did not dispose of the principal in the even of the son living to be more than 21. The court upheld the contentions of Mr. Sears and ordered the trustees to deliver all the property except a sufficient investment to provide the stipulated annuity of $10,- 000 to the young man. At the age of 22 Mr. Sears came into control of property aggregating $9,000,000.

The trustees, during their tenure of nearly 20 years, had administered the trust so judiciously that the youth was in possession of many valuable business properties in the heart of the city. Among them was the valuable lot at the corner of Washington and Court street, the site of the Sears building.

Soon after the death of Joshua Sears the trustees bought a number of estates on Franklin street, and when Devonshire street was extended south, part of their property was taken, but the taking gave to them corner sites and greatly increased the value of all the holdings on that thoroughfare. Some time afterward the trustees purchased the Tremont House. THe value of the investments increased with the growth of the city, as has the Astor estates in New York.

A dispatch to The Herald from Southboro last night said:

"The exclusive story published in The Herald to the effect that the last will of J. Montgomery Sears, the recently deceased millionaire, has disappeared, created a sensation in this quiet town. On all sides it is felt that, whatever way the property is disposed of, the estate in this town will be kept intact and developed along the progressive lines that Mr. Sears had mapped out."

An intimate friend of the family is authority for the statement that the will made 12 years ago was read to the members of the family last night, and in it the bulk of the estate is left almost intact to Mrs. Sears, J. Montgomery Sears, Jr., and the daughter, Miss Helen Sears.

MR. SEARS' WILL IS STILL MISSING — After Long and Futile Search Through Houses and at Office, Lawyer Asks Registrar of Probate to Hunt in His Files. — Every effort to locate the last will of the late J. Montgomery Sears has proved futile, and the document which disposes of an estate very much larger than that of many of the crowned heads of Europe is still missing.

Search has been made for the important paper in every conceivable place that it might have been put by Mr. Sears, either at his town mansion, his country home at Southboro or at his office, but no trace of it has been found and no memorandum that would give any clew that would aid in the search.

A representative of Hutchins & Wheeler, counsel for Mr. Sears during his life time and who are now acting for Mrs. Sears and the fanily, called on Elijah George, registrar of probate, yesterday, and requested that a careful search be made among the many wills on file there to determine with absolute certainty that Mr. Sears' will had not been mislaid. Mr. George, at this gen-

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tleman's request, not only went over the wills in the office, but made a careful search of a safe in the office in order to satisfy the members of the Sears family that the will was not there. The action of Mrs. Sears' lawyers in requesting such as exhaustive search made of the registry of probate office is the best proof that all hope of locating the will among Mr. Sears' papers has been abandoned, for it is well known to all lawyers that the wills kept on file in the probate office are preserved with the greatest care, and a most careful reference index is kept so that any will can be located at a moment's notice. Further, the law expressly declares that the registrar of probate must immediately turn such a will over to the executors named in it or to the probate court upon the death of the testator.

The efforts of the members of the Sears family and the lawyers to keep the facts secret have in no way been abated, and everything possible is being done to prevent any information concerning the missing will or the will made 12 years ago becoming public. Unless however, some definite information is obtained about the missing will within a few days it is confidently stated that the old will will be offered for probate.

As already told in The Herald, this document leaves the vast estate of between $20,000,000 and $25,000,000 to Mrs. Sears and the son and daughter. So carefully have the contents of this document been guarded by the members of the family and the lawyers, for fear that the later will might still turn up, that old employes of Mr. Sears and dependents who feel confident that they have been remembered have not been told whether they are to benefit from the will or not.

Mrs Sears continued to deny herself to all newspaper men yesterday, and returned to Southboro with her daughter, Miss Helen, early in the afternoon in their big touring automobile, J. Montgomery Sears, Jr., remained in town during the afternoon and joined his mother and sister at Southboro in the evening. He refused to say anything for publication, maintaining the same noncommittal attitude he has shown since the story became public.

E. W. Hutchins, of Hutchins & Wheeler, was asked about the visit of his representative to the office of the registrar of probate, but refused to say a word about the case.

Elijah George, the registrar of probate, also refused to discuss the visit of Mr. Hutchins' representative to his office, or to tell anything of the conversation had with him. "Such a conversation," said Mr. George, "is essentially of a confidential character, and as an official standing between the public and the law, I do not think it would be proper for me to discuss the matter in any way."

MANY PHYSICIANS PRESENT

Funeral of Dr. James Read Chadwick at the Forest Hills Crematory

This noon a large number of men and women was present at the Forest Hills Crematory in Walk Hill street to pay their last tribute to Dr. James Read Chadwick, who died suddenly at Chocorua, N. H., a few days ago. It was peculiarly fitting that his body should be borne to this place, for he had done much in the interest of cremation and also was president of the Massachusetts Cremation Society. When Rev. James De Normandie, D. D., of Roxbury arose to begin the service the auditorium could scarcely contain the friends. The black broad cloth coffin was covered with beautiful flowers from the members of the immediate family. There was no music, and Dr. De Normandie confined himself solely to the reading of comforting passages of Scripture, prayer, and the benediction.

Among the organizations represented and to which the deceased had belonged were the American Gynaecological Society, which he founded; the Boston Medical Library, which he also established; the Harvard Medical Alumni Association, the St. Botolph and Papyrus clubs, and the Massachusetts Cremation Society, which was represented by its vice president and several of the directors.

TERMS OF SEARS WILL

Mrs. Sears and the Choates Are Executors

Wife, Son and Daughter to Share Equally

Estate to Be Held in Trust Five Years

Document Filed at Registry of Probate Today

The will of the late J. Montgomery Sears was filed at the Suffolk Registry of Probate this afternoon. Its disposition of the great estate, valued by the executors at $4,000,- 000, was made public late today. The executors, Sarah C. Sears, Charles F. Choate and Joseph H. Choate, are authority for the statement that there are no public bequests and that the entire property is left to the family. The will is dated Feb. 3, 1886, the first codicil is dated Feb. 10, 1886, and the second codicil April 27, 1893.

By the terms of the will, Mrs. Sears, Charles F. Choate and Joseph H. Choate are named as executors and trustees. The estate, amounting according to the executors to about $4,000,000, is left in trust for five years. At the end of that time, according to the will, it is to be divided between the widow and the son. By a codicil, executed after testator's daughter's birth, she shares equally in the division at the termination of the trust. The will bears date of Feb. 3, 1886, the codicil is dated April 27, 1893.

[line missing] Choate.

The complete text of the will is as follow: Will Directs Trustees Manage Property Five Years.

I, Joshua M. Sears of Boston, in the county of Suffolk and commonwealth of Massachusetts, do make this my last will and testament.

First-I give and bequeath to my wife, Sarah C Sears, all my household furniture, plate, books, pictures and all other my household, housekeeping and personal articles, whether of use or ornament, and all my horses, vehicles, harnesses and stable furniture.

Second-And as to all the rest and residue of the property and estate of which I shall die seized, possessed and in any way entitled. I give devise and bequeath the same to the trustees hereinafter named, in trust nevertheless to hold and manage the same for five years after my decease and from the income of the same to pay to my wife whatever sums as the trustees for the time being shall in their judgment deem proper for the use, maintenance and support of my wife and my son, Joshua M. Sears, Jr., the receipt of my wife to be a complete discharge to the executors and trustees under this will for all sums so paid. And the balance of such income, if any, to be applied to the payment of any indebtedness of mine.

At the expiration of five years from my decease the whole of the estate and property then remaining to be divided between my wife and son in equal shares, to have and to hold the same to them respectively and their respective heirs and assigns.

And I authorize and empower the said trustees and who over may be trustees under this will to sell at public or private sale any of the real and personal estate at any time held under the trusts of this will, and to make and execute proper deeds or other instruments of conveyance of the same, the purchaser or purchasers not to be held to see to the application of the purchase money.

In case neither my wife nor my son should be living at my decease then I give, devise and bequeath one-third of all the estate and property of which I shall die siezed and possessed to such of my cousins of the first degree as shall then be living.

And one-third thereof to Charles F. Choate, and should he not be living the same to go to his heirs.

And one-third thereof to Alpheus Hardy, and if he should not be living the same to go to his heirs.

Third-I appoint my wife guardian of my son, and authorize and empower her to sell at public or private sale all and any real and personal estate of my said son, and invest the proceeds in such manner as she shall deem advantageous.

I direct that my wife be exempt from giving bond or sureties on her bond as guardian.

In case of the death of my wife I direct that the trustees under this will select and appoint a guardian for my son, and the guardian so selected shall have the same power herein given to my wife and be exempt from giving bond or sureties.

Fourth-I appoint my said wife and Charles F. Choate of Southboro and Joseph H. Coate of New York executors of and trustees under this will, and direct that they be exempt from giving bonds or sureties on their bonds as executors and as trustees, and I further exempt the executors and trustees from the duty of filing any inventory of my estate as executors or as trustees, as there will be no occasion for so doing.

I authorize my executors and whoever may execute this will to sell at public or private sale any real or personal estate of which I may die seized, possessed and in any way entitled.

In case of the death, resignation or inability of any of my said trustees or exexutors, I direct that the surviving trustees or executors or trustee or executor appoint a successor or successors to fill the vacancy or vacancies so occasioned.

I authorize and direct that my executors remember old and faithful servants who shall have been in my service more than six years, and I authorize them to expend for that purpose such sums as they shall deem proper.

In witness whereof, I, the said Joshua M. Sears, hereto set my hand and seal this third day of February in the year eighteen hundred and eighty-six. JOSHUA M. SEARS. (Seal.)

Signed, sealed, published and declared by the said Joshua M. Sears as and for his last will and testament in presence of us, who in his presence and at his request and in the presence of each other have subscribed our names as witnesses hereto. HENRY C. HUTCHINS, A. S. WHEELER, EDWD. W. HUTCHINS.

First Codicil Giving Choate Estate, if Wife and Son Die.

I, Joshua M. Sears of Boston in the county of Suffolk and commonwealth of Massachusetts do make this codicil to my last will which bears date the third day of February, 1886.

In case that both my wife and my child die before my decease I give, devise and bequeath my dwelling house on Arlington street in Boston and all the furniture, plate, books, pictures and other household and housekeeping articles whether of use or ornament in the same, my stable in Boston and all my horses, vehicles, harnesses and other the contents of said stable, my farm in Southboro and all the furniture in the house thereon, the hay, grain, stock of all kinds on said farm, and also my real estate at Bar Harbor on the island of Mr. Desert in Maine and the furniture and other articles in said premises to Charles F. Choate, and should he not be living the same to go to the same persons as would take a part, of my estate in case the said Charles F. Choate should not be living at my death under the provisions of my said will.

In witness whereof I, the said Joshua M. Sears, have hereto set my hand and seal this tenth day of February in the year eighteen hundred and eighty six. JOSHUA M. SEARS, (Seals)

Signed, sealed, published and declared by the said Joshua M. Sears as and for a codicil to his last will and testament in presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses hereto. A. S. WHEELER, JAMES H. YOUNG, NATHANIEL WADE.

Second Codicil Drawn in 1893, Providing for Daughter.

I, Joshua M. Sears of Boston, in the county of Suffolk and commonwealth of Massachusetts, make this codicil to my last will which bears date Feb. 3, 1886.

Inasmuch as I have a daughter born since the date of my will, I hereby modify the same and the provisions thereof so that my daughter share equally with my son in all respects and take an equal share of my estate with my son and wife in the division thereof. Witness my hand and seal this twentyseventh day of April, eighteen hundred and ninety-three. JOSHUA M. SEARS. (Seal.) Signed, sealed, published and declared by Joshua M. Sears as and for a codicil to his last will in presence of us, who in his presence and at his request and in presence of each other have subscribed our names as witnesses hereto.

A. S. WHEELER, FRANCIS TUCKERMAN, ARTHUR L. STOCKMAN.

The same absolute silence maintained by the members of Mr. Sears' family and the attorneys regarding the search made for a will of later date met all inquiries yesterday as to the explanation of the great shrinkage in the estate. Beyond the brief statement of the contents of the will for the afternoon papers, E. W. Hutchins of Hutchins & Wheeler, absolutely declined to make any statement.

J. Montgomery Sears, Jr., was seen at his office with Messrs. Choate, Hall and Stewart, and his attention was called to a story in another newspaper that he might issue a statement in regard to the unexpected smallness of the estate.

"Does it appear to you at all likely that I shall do so?" laughed Mr. Sears, and then he resumed his attitude of silence and refused to say more.

Cemeteries.

A residuary devise to testator's widow is held, in Waldron's Petition (R. I.) 67 L. R. A. 118, not to pass title, as against his children, to a burial lot upon which members of his family are buried. The character of estate or property of owner in burial lot is considered in a note to this case.

SECRETS OF A CEMETERY. (From the New York Tribune.) The bodies in a graveyard in the village of Chester, in the Adirondacks, have been removed to another and more convenient place, and in course of the removal some curious things were brought to light.

The body of a soldier, identified by the buttons, which were all that remained of his uniform, was found to have been hanged for a spy. The arms were tied behind the back with stout hempen rope and another piece was knotted about eh neck.

The only thing in the way of shrubbery in the graveyard was a lilac bush. This bush had successfully resisted all attempts upon its life. The villagers at last declared it to be bewitched and left it unmolested. When the excavations were begun it was discovered that the body of a girl lay close to the trunk of the bush, and the little root had completely enveloped the body, winding about and about it and so retaining its original form.

Among all those unearthed there was only one body that held together when taken out. This was the body of a man who had been afflicted with inflammatory rheumatism for some months previous to his death, and who, before he died, had been unable to move a joint. An examination of the skeleton showed that the joints had grown together, making a solid mass that stood upright when placed in that position.

One grave held two bodies, that of a man and a woman, both suicides. Out of remorse for the injury done the girl, and knowing their love to be hopeless, the man took his life. The woman's husband, a lumber man, spent his time at the village bar and abused her unmercifully. The other man she loved and after his death she killed herself with the same weapon he used. The villagers left judgment to a higher tribunal and buried them together.

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BOSTON BANK MAN DIES. — [Fr?]ank W. Reynolds of the Mercantile Trust Company Passes Away— Civil War Veteran. — [F?]rank W. Reynolds, vice-president of [?] Mercantile Trust Company of this [?]y and a veteran of the civil war, [die?]d yesterday morning at his late [ho?]me, 411 Marlboro street, at the age of [?] years. Mr. Reynolds was the son of [Wi?]lliam B. and Elizabeth Margaret [(C?]arter) Reynolds, and was born in [Bo?]ston, where he was educated in the [pu?]blic schools, finishing with the Bos[ton?] Latin.

His first employment was with his [?]ther in the commission business. [Af?]ter he went to South American and [to?]ok a position with Frederick Huth & [?] of London at Valparaiso, Chili, but [ret?]urned after a few years and became [?] member of his father's firm in Boston. Mr. Reynolds was one of the first to [en?]list when the civil war broke out, go[in?]g to the front as captain of company [?] 44th Massachusetts regiment. He [re?]mained in the army nine months, at [th?]e end of which time he returned to [Bo?]ston and resumed business. When, a [fe?]w years later, his partners died, he [?]ound up the affairs of the concern [?]d became treasurer of the Massachu[se?]tts Loan & Trust Company, later [?]erged into the Mercantile Trust Com[pa?]ny, of which he became vice-pres[d?]ent, a position which he held till his [de?]ath.

In his young days he was a member [an?]d officer of the old New England [Gu?]ards, in which organization he gained [th?]e military experience which enabled [hi?]m to go to the front as captain of his [co?]mpany. He was for several years a [re?]sident of Jamaica Plain and was war[de?]n of St. John's Episcopal Church.

He was also deeply interested as a [yo?]ung man in amateur theatricals, and [?]as connected as manager with the [s?]potlight Club of Jamaica Plain. He [w?]as prominent in the Royal Arcanum [a?]nd the Loyal Legion, and was a mem[b?]er of the Union Club and the Boston [?]rt Club for many years. Since moving [?] the Back Bay Mr. Reynolds had been [?] attendant at Emmanuel Church. A [w?]idowm a son, Robert B. Reynolds, and [t?]wo daughters, Mrs. William G. Smith [a?]nd Miss Madeline Reynolds, survive [hi?]m.

While the subject of "graft" is before [th?]e public, it might be pertinent to re[pr?]int the following letter which the Rev. [G?]eorge S. Pratt, at the Protestant [E?]piscopal Church of the Archangel, 86 [S?]t. Nicholas avenue, New York, claims [h?]e received:

[F?]rank E. Campbell, Burial and Cremation Company.

241-243 West Twenty-third Street. My Dear Sir: One year ago the above [o?]ffice sent to you a burial certificate in [t?]he amount of one hundred dollars [(?]$100), in force to 1910. The covenant is [b?]ona fide, and practically amounts to a [?]aid up policy for one hundred dollars [(?]$100) and the additional benefits therein [i?]ndicated. Hereafter funerals personal[l?]y given to us by you will be subject to [?] special offset or discount in your [f?]avor and will be promptly forwarded [u?]nless you direct the sum deducted from [t?]otal of bill rendered family. Further [d?]etailed information concerning the [b?]urial certificate provided on request. Respectfully, FRANK E. CAMPBELL.

This is "the limit"; at least we hope [s?]o, for what would life amount to if [g?]raft extends beyond the grave?

Equity (Merit) Session. Lawton, J.— Eulah L. Murray vs. Timothy J. Seha. [?] restrain the defendant from selling or [di?]sposing of a burial lot in Holy Cross [ce?]metery in Malden in which a sister of the [pl?]aintiff is buried, the lot being the prop[er?]ty of Shea. The parties are uncle and [ni?]ece. Finished. Simon E. Dufflin; Will[ia?]m J. Sullivan.

April 18, 1906.

ASKED RECEIVER FOR GRAVEYARD — Welch, Who Holds a Judgment Against Sons of Jacob Association, Also Wanted Injunction Against Burials. — JUDGE LAWTON WON'T GRANT RECEIVERSHIP — Recommends the Suspension of Interments, However— $20,000 Railway Case of Catherine Volk Non-Suited. — The litigation between Thomas F. Welch, the holder of an unsatisfied judgment for $2370 against the Sons of Jacob Association, owner of a cemetery in West Roxbury for the burial of persons of Jewish faith, and the association, was before Judge Lawton in the superior court yesterday upon a new suit by Welch seeking the appointment of a receiver for the corruption to wind up its affairs, and to have it restrained from making further interments. After he got his judgment last August he made a levy upon the association's real estate, for the purpose of obtaining payment of his execution, but was prevented from carrying out the sale by an injunction by Gustave A. Loewe and other lot owners, who claimed the proposed sale would affect their rights. Thought after a hearing their bill was dismissed, they have taken an appeal to the supreme court. They base their bill upon the ground that the cemetery cannot be legally sold at a sheriff's sale.

In view of that appeal, which keeps alive the injunction, Welch brought his present suit, but Judge Lawton said he would report the case to the full court, denying the application for a receiver, but suggested that counsel enter into a stipulation that meanwhile no burial rights be given out or lots sold, and that so far as the officers of the corporation could control it. no more bodies be buried in the cemetery. Elisha Greenhood for Welch; Solomon Lewenberg for defendants.

TRESPASS ON BURIAL LOT — Full Bench Decides It Illegal Only Where Land Is Purchased — For disturbing a body buried in a lot, no action lies where a mere license to inter a body is bought; but where the land is purchased for burial purposes then suit for trespass may be maintained. Such was the effect of a decision of the full bench of the Supreme Court today in the case of Edward T. Feeley et al vs. William Andrews, superintendent of Mt. Auburn Catholic Cemetery, for damages for interfering with the remains of their mother, who was buried in a lot in the cemetery. They failed in proof of their action to show that they bought the lot for burial purposes and not merely a license to bury, so their exceptions to a ruling of the Superior Court directing a verdict for the defendant were overruled.

The case showed the cemetery was owned and managed by the Roman Catholic Archbishop of Boston, in charge of the superintendent, and this ownership and control is held to bar their maintaining their suit for trespass to the land or bodies, as they failed to show any rights in the land themselves.

1906 SALAR FOR CUMMINGS. — Mt Auburn Cemetery Trustees Vote Compensation for President—Report on Finance of Year.

The annual meeting of the Mt Auburn cemetery proprietors was held yesterday afternoon in the association's rooms in the Sears building. Annual reports were presented and vacancies in the board of trustees were filled. Prentiss Cummings, president of the board of trustees, presided. There were 103 ballots cast at the meeting, though the majority of them were voted by proxy.

The bylaws were amended so that the president of the board of trustees may be paid a salary, the old bylaws being so worded that this was impossible. The amount of business which requires the president's attention was felt to justify the payment of some compensation.

The annual report of trustees showed that the corporation is in a satisfactory financial condition. The following figures are taken from the report: Received from the sale of lots $8484; repair fund now amounts to $1,391,081, being a trust fund for the care of lots; permanent fund amounts to $490,131,having gained $13,842 during the year; general fund amounts to $222,395, having gained $11,905 during the year. The receipts for the entire year amounted to $182,578, all of which was expended except $29,583. The trustees state that they were obliged to spend $2526 to prevent ravages by the browntail and gypsy moths.

The vacancies in the board of trustees were filled without contest as follows: Franklin W. Hobbs, to fill out the term of the late Joshua M. Sears, which expires in 1908; Jerome Jones, to complete the term of Israel M. Spelman, resigned, whose term runs till 1910; Alfred Hemenway, to complete the term of the late Frank W. Reynolds, whose term is till 1911, and Prentiss Cummings and Charles H. Watson, whose terms expired yesterday, were reelected to serve until 1912.

The superintendent's records showed that the whole number of interments were 35,757, of which 482 were made last year. There were 183 cremations last year. The trustees' report shows that the number of lots sold the last two years has been smaller than usual, and suggests as one of several explanations the growing practice of cremation.

A CEMETERY FOR ANIMAL PETS — Newton People Wish a Proper Burial Place for Cats and Dogs

Last year it was a license for cats and now it is a burying ground, that is asked for, in which the family cat may be placed when its proverbial nine lives are over. Ladies of Newton, interested for their family pets, found stury champions in Hon. Samuel L. Powers, Attorney Blackmore, former Mayor Cobb, W.C. Bates and others at the hearing this morning before the Commitee on Mercantile Affairs, on the bill proposed on petition of Harriet C. Cobb and nine other ladies to incorporate the "Newton Pet Animal Burial Association," for the purpose of acquiring and maintaining land as a cemetery for the burial of household pet animals, whereby it may be noted that dogs are not discriminated against.

Attorney Blackmore, speaking for the petition, said that this is neither a charitable nor a benevolent association, but a cemetery corporation, and consequently it must ask for a special charter. The purpose of the bill is simply to give the cherished pets decent and proper burial. Former Congressman Powers could think of no objection to the legislation proposed, and thought it in line with the human treatment of animals in which Massachusetts always has led. This is not a case of hysteria, but a movement entirely in the interest of humanity and the public health.

Former Mayor Cobb, Mr. Bates of Newton and A.E. Little, in behalf of Dr. Angell, of the Society for the Prevention of Cruelty to Animals, and Rev. Reuen Thomas, D.D., also strongly favored the enactment of the bill. Stoughton Bell, who appeared as attorney for certain cemetery corporations, asked that this bill, if it is to be reported, be properly safeguarded so that the interests of existing cemeteries shall not suffer.

CAMBRIDGE CITIZENS PROTEST — Say Proposed Cemetery on Mt. Auburn Street Would Be Unsanitary — Although the next hearing on the petition of the newly-organized Cambridge Catholic Cemetery Association will not be held until Nov. 27, the protestants against the establishment of the cemetery have begun an active campaign. The land which the new association proposes to use adjoins the site of Cambridge Cemetery, and is directly opposite James Russell Lowell Park on Mt. Auburn street. Many citizens besides those living near by feel that the proposed burying ground is in too close proximity to dwelling houses; and that in any case, taxable property within a mile of Harvard square and within a block of Brattle street should not be withdrawn from the city, whose rate of taxation already is exceedingly high. It is maintained that while a cemetery should offer a suitable burying-place for the dead, the interests of the living also should be protected, especially from the points of view of health and convenience.

It is urged that, quite regardless of sect, no more cemeteries should be allowed in Cambridge and that if the proprietors of Mt. Auburn Cemetery were today trying to buy the land which they acquired sixty-five years ago, for the purposes of burying the dead, they would certainly be denied a license.

The fact that two years ago the city itself proposed to take a part of this land for an addition to its own public cemetery, and that the protests and objections were so overwhelming that the plan was abandoned, seems in the opinion of the protestants to be a reasonable argument against the project.

The objectors do not deny that the associaton of business men who represent the new cemetery association have every right, legal and moral, to open a burying ground reasonably remote from the centre of Cambridge, but they hope that the projectors of the plan will be convinced that the opinion of the community, expressed with no uncertain voice is against the present location.

BOSTON DOCTOR ATTACHES BODY — [Special Dispatch to the Boston Herald.] SAN BERNARDINO, Cal., Jan. 23, 1907. Louis Cohen, a wealthy wholesale dealer of Pittsfield, Mass., lies in a casket in the Wells-Fargo Company office here, embalmed for the tomb; out though the expense of shipping the body is fully prepaid, the company is restrained by a court order from removing the corpse from the baggage room, as it has been practically attached by Dr. Newton E. Heath of Boston, who accompanied Cohen here from Boston and claims $235 for nurse charges.

Heath alleges he was retained by the family of the deceased in Pittsburg to accompany him to California, in the hope that the change would prove beneficial, and he boasts of his success in getting the invalid here alive. Mena Cohen and Harry Skacatsky, relative and financial agent, are made defendants in the suit.

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ROGER WOLCOTT IS SOHIER'S THEME — Eloquent Tribute Paid to Eminent Son of Massachusetts at Mt. Auburn. — MISS FANNY PARNELL'S GRAVE IS DECORATED — Great Crowds at Cemetery During the Day—Colored Veterans Attend. — Mt. Auburn was the mecca of thousands yesterday.

Early in the day several Cambridge posts sent delegations to decorate graves. By 10 o'clock the hundreds of visitors were drawn by the strains of a funeral march by the military band of the John A. Andrew post 15, Christopher O'Brien commanding, to the open plot before the crematory building. There the veterans of that post, numbering 250 cavalry and infantry, deployed a square formation, under the shadow of the massive granite sphinx erected as a monument to the legion of the unknown dead.

Commander O'Brien made a short address. Lincoln's address at Gettysburg was read by Adjt. Sanborn. The formation was then broken up into squads, which passed through the cemetery and placed 600 flags upon the graves of dead comrades, after which the members reassembled and marched from the cemetery.

A unique feature of the day was the decoration for the first time by any organization of the grave of Fanny Parnell, sister of Charles Stuart Parnell, who died in Glendale, J.J., in 1882, and was buried at Mt. Auburn. The Gaelic school of Boston held a memorial observance.

The Rev. Mr. Ferris made a fervent address. The veterans then visited the graves of Edward N. Hallowell, who succeeded shaw in command; the Rev. Charles T. Torrey, Charles Sumner and the colored lawyer, Ruffin.

Not the least imposing observance of the day was that held at the grave of the late Roger Wolcott by the Roger Wolcott camp, Legion of Spanish War Veterans, at 3 o'clock. The camp was commanded by John J. Pendoley and accompanied by Gen. Blood, Col. Sohier, Col. Jewett, Col. Robins and Col. Stevens, members of the late Governor's staff.

After an invocation by Chaplain Ralph B. Eastman, Commander John J. Pendoley addressed the veterans, after which a beautiful wreath and flower decoration was placed upon the grave. Col. William D. Sohier, a member of the staff of Gov. Wolcott, then delivered the address of the occasion.

Col. Sohier in his address said, in part, first quoting from Roger Wolcott's graduation address at Harvard, in which he dwelt upon the necessity of the educated classes devoting themselves actively to patriotic service:

Never Faltered.

Roger Wolcott's footsteps never faltered from the path which he himself laid out.

He stood among us a conspicuous example of the highest type of character that American civilization can produce.

Enjoying the advantages which wealth, position and education give, all men were his brothers, and he recognized no distinction save that of right and wrong. Truly democratic at heart, all men who were doing their share of the work of the world were equal in his eyes.

His principles remained unchanged by the exigencies and expediences of politics, even during the most strenuous contests of his life.

Never did he allow the end to justify the means.

Never did he forget that this a "government of laws and not of men."

In an appeal which he issued to the citizens of Massachusetts, he well expressed the principles which his own public career typified.

"In the citizen's loyal service of his country there should be neither lapse nor furlough; he is under pledge not merely for his vote, but for the exercise, day by day, zealously and in full measure, of every influence tending to strengthen and purify his party in its principles, its measures, and its men. Though membership in a party implies approval of its governmental theories, a citizen should neither surrender the right nor seek to shirk the responsibility of private judgment and, if need be, of public avowal of his convictions as to the development of those theories in the enactment and administration of the laws."

Foe of Mercenary.

Men will not soon forget his keen suggestion that there is no permanent sanctity in a percentage, his denunciation of the methods and practices of party bosses, his appeal for leadership that would "rally to its standard the recruit and drum out the mercenary."

Gifted with unusual attainments, possessing a pure integrity of character and thought, upright and conscientious almost to self distrustfulness, Roger Wolcott once convined of his duty and of his proper course of action, was absolutely fearless and unswerving.

The sould of the body looked forth from the eyes of the man.

The consideration which alone had weight or influence with him, whether suggested by his most intimate friend or by a party leader, was this: Is he the best man for the place? Is that action right?

That he attained his own ideals is shown by the unanimous testimony of those highest in the state and nation.

When he died, Secretary Long said:

"He is a personal and public loss. His loss had been so noble, his service so true, his standards so high, his promise for the future so great, that it is a bereavement not only to his friends but to the old commonwealth of which he was so bright an ornament and representative. No man was left a finer example of the gentleman and the patriot."

Senator Hoar that:

"He was a stainless gentleman, a fine public speaker, and a very able executive officer. There was something irresistibly attractive in the manly beauty of his face and his noble figure. He was of a type and character of which Washington was a peerless example—simple and modest, quiet and conservative, but capable of great energy and activity when need was. He always reminded me in the simple beauty of his character of a beautiful, clear and flawless crystal."

Gov. Crane that:

"His work in every relation of life was well done. He was not satisfied with performance unless it fulfilled the tests of efficiency and merit. He brought to the discharge of official duties high aims, conspicuous ability, pure motives and an honesty of purpose which was never criticised or questioned."

Senator Lodge said:

"We can say with truth of Roger Wolcott that he is most highly to be praised and most fondly to be remembered for what he was, rather than for what he did. Greater honor hath no man than this, to be loved and honored and held in memory not so much for the deeds he did, or the great places he filled, or even for the work he wrought, as for what he himself was as a man."

Thus did our foremost citizens bear witness to his character and achievements.

Personal Note.

And now may I touch a personal note —personal to me and I believe to every citizen of Massachusetts. It is especially so to hose of us to whom was given the inestimable privilege of serving our grand old commonwealth under him and for him.

To all such his character and personality were an inspiration. The purity of his motives inspired every one with whom he came in contact.

It was not only state officials and soldiers, but every citizen.

The newsboys on the Common, to whom he bowed on Sunday mornings when they lined up to salute him.

The Grand Army veteran, whom he helped on to a street car and to whom he said that he would value more the legal right to wear the bronze button he wore than all the honors that he himself had received.

The brakeman, who was pushing through the people to get on a crowded train, but who, on reaching Gov. Wolcott, stopped and saw him first help on all the women and children then wait until all who were in a hurry got on, and finally got on himself. He said he thought he had been a better man and had had more consideration for others ever since.

These and thousands more who contributed their mite to the Roger Wolcott memorial had their personal memories to express.

Memorial in Fall.

The memorial will be placed in the State House next fall, to evidence their love and admiration for him, as well as to commemorate the Massachusetts men who so ably served their country during the war with Spain.

Not for an instant, night or day, did his hand falter or his thoughts wander from that duty, harassed though it was by private grief and trouble.

In the field, in the camp, in the hospitals and homes his thoughts were always with the Massachusetts men who were enduring danger and hardship for the commonwealth he loved.

His voice it was that bid them godspeed. He it was that met them on their return and said "Well done" in the name of the commonwealth.

He went among them in the hospitals; stood by their cots, gentle and sympathetic as a woman, strong and ecouraging as a man.

The recollection of his gracious, stately figure among the sick, the wounded and the dying, bringing hope and comfort with the authority of high place and the tenderness of love, will ever be one of our cherished memories.

May his highest ideals be attained. May we hear in the stillness of his cemetery the "'boice that cometh from behind'—from the grave of the buried past, saying, 'This is the way, walk ye in it,'—the way of devotion to country and to principle, the way of hardship and self-sacrifice, the way of life through death."

To the end that we may be inspired by his example and prove ourselves worthy of his trust, so can we best honor our commander who honored us.

At the conclusion of the address all joined in singing "America," after which the buglers of the camp impressively sounded taps and the camp took up its return march.

DR. RICHARDSON LEAVES HOSPITAL — Lying-in Hospital Corporation Highly Commends His 34 Years' Work. — Deep and lasting obligation to Dr. William Richardson for his 34 years' work as visiting physician at the Boston Lying-in Hospital on McLean street was voted by the corporation of that institution yesterday afternoon at its annual meeting.

The acknowledgment was called forth by a letter in which Dr. Richardson resigned his position at the hospital.

The corporation voted to accept his resignation with great regret. It was chiefly through his efforts in 1872 that the hospital was reopened for the reception of lying-in patients. He secured the co-operation of Dr. Henry Tuck, and the two became the first physicians. Since the start, with a single dwelling house, the hospital building has been increased in space more than fivefold. The number of house patients treated each year has grown to nearly 800, treated by an experienced and devoted staff and by a large corps of assistants under direction of the first matron, Miss Higgins, who still remains superintendent.

Dr. Richardson will continue to labor to promote the interests of the hospital.

The corporation elected these officers: President, Nathaniel Thayer; vice-presdent, Henry H. Sprague; treasurer, James R. Hooper; secretary, E.D. Sohier; trustees, E.H. Baldwin, Dr. William L. Richardson, Oliver Ames, Charles W. Hubbard, Wallace L. Pierce, Walter Hunnewell.

The cost of carrying on the hospital during the year, a fourth raised by subscription, was $26,000.

HARVARD '36 MAN 90 YRS. OLD

Cambridge, Dec. 31.—Rounding out a full life-time, two decades more than the biblical three score years and ten, Israel Munson Spelman yesterday passed in contentment and the serenity of deeds well done his 90th birthday anniversary, and many friends and neighbors called at his pleasant home, No. 62 Spark st., to extend their felicitations.

The fact that Mr. Spelman is, so far as known, the oldest living graduate of Harvard university, and that he is spending

[black and white photograph of Israel Munson Spelman with caption ISRAEL MUNSON SPELMAN.]

his remaining years under the shadows of his alma mater, lends added interest to the anniversary. Mr. Spelman was graduated in the class of 1836, and the Harvard librarian has for years been seeking traces of Samuel Gray Ward, also of the class of '36, of whom all trace has been lost for more than a quarter century. He was last heard of in Washington, D.C.

Mr. Spelman is in full possession of all mental and physical faculties, and yesterday took his daily promenade on his spacious piazza with a springy step and full vigor. He does not carry a cane and uses glasses only when reading. He has never used tobacco and has taken stimulants under the doctor's orders but not beyond that. He is enjoying all the comforts of life, the reward of years of activity and lively public interest, and his home is filled with antiques, old boxes, paintings and pictures and rare tapestry work.

For many years Mr. Spelman has been closely identified with railroad and financial interests, and for a long time he was active in the management of the Boston & Maine R.R., first as a member of the board of directors, and later as president of the system, which office he filled during the civil war period, inaugurating the necessary changes demanded by the needs of the times.

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[?]YS CEMETERY IS A MENACE — [?]ert S. Parsons Speaks at Meeting of the Cremation Society of America — [?]bert S. Parsons of Lexington, a director of the Massachusetts Cremation Society, day addressed a meeting of the Crema[?] Society of American in Kossuth Hall, described the advantages of cremation [?] earth burial. The cemetery, he said, [?] a menace to the whole neighborhood, the people who reside near it are [?]athing the impure air that arises from grounds of the city of the dead. THere [?]eason to avoid cemeteries, for over the [?]ves of our departed loved ones are va[?]s and emanations of deadly power. All poetry with which the past has tried invest earth burials cannot blind the [sci?]entist to the atoms which fill the air [?]r and about these grounds. Everybody [?] away in the ground pollutes both [?]und and water and spreads contagion. [?] ask for cremation as a protection for living and to those yet unborn. There only one valid objection to cremation, [?] inability to discover poisoning in case crime has been committed. Far bet[?] is it to look upon two or three [?]arts of white ashes than to think of [?]ur dear one within the grave, wasting [?]ay. In order to allow you to realize [th?]at a contaminating element is the [gr?]ound burial I will say that bodies buried [th?]ree hundred years ago during a [?]ague, again brought the same trouble [?]en workmen broke the ground where [th?]e burial had taken place. I am of the [op?]inion that cremation will eventually be [?]lized as a means of disposing of the [?]ad.

DEFUNCT FELINES GET NO CEMETERY — Poor Tabby will have no cemetery of her own.

The scheme of Brookline and Newton society women, who, under the name of the Newton Pet Animal Burial Association, tried to secure the permission of the Legislature for the incorporation of a burying ground for cats, was refused engrossment in the House yesterday by a vote of 52 to 71.

Thus perished a peice of legislation which has furnished much mirth in the proceedings of the Great and General Court for some weeks.

The measure was supported by Representatives Potter of Worcester, Fiske of Boston and Garcelon of Newton, and seriously opposed by Porter of Amesbury.

Mt. Auburn Mgr. Heads Amer. Cemetery Assn.

[black and white photograph of man standing in front of Mt. Auburn Cemetery gateway]

The new president of the American Cemetery Association, Herbert C. Philpott of 41 Homer rd., is shown in front of the famous gateway to the equally famous Mount Auburn Cemetery, of which he is the superintendent.

Mr. Philpott was elected at the organization's annual meeting held in Los Angeles. The gateway, of Egyptian design, was erected more than a century ago and is a familiar landmark to all who pass by it on busy Mount Auburn st. in Cambridge.

A Belmont man, Herbert C. Philpott of 41 Homer rd., has been elected president of the American Cemetery Association, it was announced at the termination of the association's 76th annual convention held last week in Los Angeles.

The association, which consists of leading private and public cemeteries in North America, has upheld standards of ethics and has through its Management Institute educated cemetery managers in finance, maintenance and general management since its founding in 1887.

The new president, Mr. Philpott, has been on the staff of Mount Auburn Cemetery in Cambridge for 35 years, and its superintendent since 1939. He has served the American Cemetery Association as a director since 1954. From 1959 he has been successively secretary-

treasurer, second and first vice president.

Mount Auburn Cemetery, a non-profit organization, is the earliest business-managed cem— Turn to Page 2

etery in America and is the protoype for similar cemeteries in the United States. It is also world-renowned for it contains the graves of many famous authors, poets, scientists, musicians, professional men, and religious and business leaders.

Mr. Philpott is well-known in Belmont, having lived here for nearly 25 years. A graduate of Arlington High School, he received a B. S. in civil enginering from Tufts College in 1919, where he was a student reporter for the Boston

BELMONT CITIZEN August 24, 1962

Globe. He was a director and treasurer of the Alumni Corporation of Alpha Sigma Phi. His father, a well-known newspaperman, was on the Globe's editorial staff for more than 50 years.

Mr. Philpott served as a lieutenant in the U. S. Army during World War I.

The new president has been active in state and regional cemetery groups. He has been secretary-treasurer of the Massachusetts Cemetery Association since its founding in 1944. He is a past president of the New England Cemetery Association and is now the edition of its bulletin.

A member of the First Church, Congregational, Cambridge, he and his wife, the former Marguerite E. Baird have a son, H. Lloyd Philpott of Beaumont, Texas, who is associated with Socony-Mobil Co Their son was graduated from Belmont High in 1940, and M. I. T. in 1947.

The Philpotts have four grandchildren. They are Marguerite E., Jeffrey L., Andrew C., and Aimee M. Philpott.