Mount Auburn Cemetery

Nov. 24 [186]5

John T. Heard Esq

Dear Sir,

I will present your paper-extract from will of Mrs Gurney -- to the Trustees, if you desire, but it is nothing on which they can act.

As I suggested to you, the only feasible plan I can see (if it can be accomplished, of which I am by no means certain) is to have the parties release enough from the income to enable you to make a perpetual contract with our Corporation for the care of the lot & get the S.J. Court to decree accordingly.

Then the subject comes up in shape for action by our board. Now they have no power.

Very Resp.y yrs.

A.J. Coolidge Sec.y

Nov^r 24, [186]5

H.D. Bacon Esq San Francisco, Cal.

Dear Sir,

Your favor of Oct 20^th from St. Louis respecting the disposition which Mrs Sophia L.B. Jones is alleged to have made in her will of lot no. 1131 in Mt Auburn was duly rec^d.

In reply, I have to say that Mrs Jones was on the 5^th of March 1860, upon her own request designated to "represent" said lot under the Charter, an extract from which I send you. If Mr Thos. Jones devised this lot to his wife by will, it was hers to convey or devise again: but as she represents herself to be "administratrix" in the petition for the abovementioned designation, I can only infer that Mrs Jones left no will.

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Application of Jas. C. Merrill to reconvey his lot no. 3487, & to receive two deeds of same _ referred to Mr Bowditch _

Mr Bowditch presented the written request, of James C. Merrill Esq. proprietor of lot numbered 3487 stating that he purchased said lot upon the erroneous information _ or at least upon the erroneous inference from certain information _ that if the whole should prove larger than he desired, he could convey a portion of it to another; that having entered into the purchase of it with Mr Henry V. Ward, he had ascertained that he could not convey to Mr Ward one half as a distinct interest, unless so authorized by the Trustees and he asked that he might reconvey his lot to the Corporation and that two deeds might issue to himself and Mr Ward.

Voted that the subject be referred to Mr Bowditch with full power: _

Letter of John T. Heard containing extract of will of Eliz. F. Gurney respecting her tomb _ lot no. 815.

A communication was received from John T. Heard Esq. a copy of which follows, and it was voted to extend the same upon the records.

Boston, November 20^th 1865

Dear Sir:

I beg to call the attention of the Trustees of Mount Auburn Cemetery to the following extract from the will of the late Mrs. E.F. Gurney, as it provided for keeping in repair her burial lot in the Cemetery under their charge:

"30. I give and devise to the Trustees of the Newton "Theological Institution, all that parcel of land with

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"the buildings thereon, situate at the Northerly part "of said Boston, bounded southerly by Prince street, "northerly by Salem street, northeasterly by land now "or formerly of Eliz. Rogers and easterly by land "now or late of Barber. For a more particular description "of said estate, reference may be had to my deed to "Joseph Ballister et al. dated April 10, 1830, recorded "with the Suffolk Deeds, Lib. 345 fol 133. "To have and to hold the above described Estate to "said Trustees of the Newton Theological Institution "their successors and assigns, forever, upon the trusts "and for the uses hereinafter declared, viz, the said "Corporation is to pay to the Boston Fatherless and "Widows Society one half of the nett income of "said estate and of the proceeds thereof (in case the same "shall be sold) after deducting all necessary charges "of repairs, taxes and insurance and of keeping my "Tomb in Mount Auburn Cemetery in repair, such "nett income is to be applied by each of said Corporations "forever, for the promotion of the objects for which they "were severally established. And if said estate shall "be sold the income of the nett proceeds of sale be di"vided equally between said two Corporations, and the "share of each be forever called the "Fennelly Fund." "No part of the principal of said funds shall be used "or expended, but the income only, forever."