Mount Auburn Cemetery

22

Towns of Cambridge & Watertown, in the County of Middlesex, heretofore known as the Cemetery & 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 & ten acres, & 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. Poweroy & wife, Ann Cutter, generally to the Massachusetts Horticultural Society, recorded in the Registry of Deed for the County of Middlesex.

To have & to hold the afore granted Premises unto the Proprietors of the Cemetery of Mount Auburn & to their successors & assigned forever, upon the trusts, & for the uses & purposes mentioned & 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 & agreed between the par ties that conveyance is made expressly upon the following fundamental stipulations, which are to be mutually obligatory & binding upon the parties, as contained in the tenth section of the 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,

3

partly by land of Daniel Sawin to a corner, then E^y. by land of Annie Cutter, Jonas Wyeth, Thos Lee, Wm. Gray, and said Lee again, and the town line between Watertown & Cambridge to a corner, then S^y & E^y by land set off to Mrs. A. Pomroy (the widow of Moses Stone) as dower, then S^y. & W^y. by other land of said Cornelius to the first mentioned bound, or however otherwise bounded or reputed to be bounded; - Consideration $263

----------------------------------------------------------------------

===Lib. 262. 255. May 22. 1825. Quit claim===

David Stone to George W. Brimmer.

A conveyance of part of the above lot, bounded as follows, Beginning at the South East corner at a private way and running NW^y 42 rods 14 links by land set off to Mrs. A. Pomroy, thence N.E^y. 23 rods, 11 links by said land to land of Thos. Lee, thence N.W^y. by said Lee, 30 rods, 6 links, then SW^y by Wm. Gray 15 rods 21 links, then W^y. by said Gray 11 rods, 21 links, & continuing W^y. by said Lee, 11 rods, 4 links, & stile W^y by land of Jonas Wyeth 17 rods - then S^y by land of said David Stone, 99 rods, 18 links, then E^y as the fence now stands, 53 rods, 7 links by land of the heirs of Corns. Stone: then NE^y by the private way aforesaid 38 rods, 23 links to the first mentioned bounds. the said lot containing 34 ac. 65 poles.

===Recorded in the margin of the above deed Aug. 3. 1826.===

Endorsed on the back of the above deed is a release of all right, title, &c. (of dower) by Melinda Stone, Widow of Cornelius Stone, - but which is not acknowledged. - - This deed has since been acknowledged & recorded anew.

-------------------------------------------

=== Lib. 297. 506. Oct. 15. 1825.===

Title to the Lot of 4 3/4 acres set off as dower.

Indenture between Wm M. Pomroy and Abigail his wife, & George W. Brimmer contains a . . . . .

Abstract of Treasurer's accounts 30 March 1833

.	.	.	.	.
Trial Balance
Garden & Cemetery	7748.93	—	Sales per book & ledger —	13329.72
Garden & House	747.29		Sales 1833 [?]	60 —
Expenses . . .	5348.15		Loan 1833 —	4500 -
Tomb under Park St Ch	200	—	J Coolidge	93.3
A Cary . . . . .	60	—			}
F & J Winship . . . . .	120	—			}
O Eldredge . . . .	70				}
W E Channing . . . .	60				}
M. Smith . . . . .	60				}
Leonard Stone . . .	42.75				}
M P Brazee . . .	1.200	—			}
W M Pomroy . . . .	260	—			}
Cash . . . . .	2005.63				}
S Pond jr. . . . .	60				}
	$17982.75	}		$17982.75

Items of accounts requiring vouchers are annexed. Reference to the Ledger is made for the rest

Boston 30 March 1833 Errors Excepted George Bond Treasurer

Know all Men by these Presents that I George W. Brimmer of Boston in the County of Suffolk, Merchant, in consideration of Six Thousand Dollars to me paid by the MASSACHUSETTS HORTICULTURAL SOCIETY a Corporation duly established, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said Massachusetts Horticultural Society & their Assigns a Tract or Parcel of Land, part lying in Watertown & part lying in Cambridge in the county of Middlesex, bounded and described as follows — Beginning at the point where the East side of the new road leading from the County road to MOUNT AUBURN strikes the said County road, and thence running Westerly & bounded Northerly by the County road One hundred and twenty two rods and half a rod to the Northwest corner of a Lot of Land purchased by said Brimmer of Jonas Wyeth by deed dated November 25. 1831 & recorded in the Middlesex Registry of Deeds — then turning & running South & bounded West by land of Widow Cutter and by Land of the Heirs or assigns of Moses Stone deceased One hundred and forty three rods; — then turning East & bounded South by Land of the Heirs of Cornelius Stone, as the fence now stands, Fifty three rods & Seven links to a private way or road — then North Easterly by the way aforesaid Thirty eight rods & twenty three links to the Southerly corner or extremity of a lot of Land set off by the Judge of Probate to Abigail, the widow of Moses Stone now wife of William M. Pomroy as parcel of her Dower in her said husbands Estate— then more Easterly and bounded by said way Seventeen rods & nineteen links to the West side of the new road First mentioned, — then a little more Easterly across said road to the East side of it Four rods and nine links — then turning & running North by the East side of said road and bounded East by Land of Josiah Coolidge Seventy one rods & one half of a rod to the point of beginning in the County road which is One hundred and ten feet West from the North East corner of the lot of Land purchased by G. W. Brimmer of Thomas Lee. — Together with all and singular the Rights, Easements, Privileges & Appurtenances to the same belonging and Subject, so much as is contained between the lines and boundaries of the said new road to the Easements granted therein by the said Brimmer to the said Coolidge & others by a certain Indenture dated January 15^th. 1830 made between said Brimmer & Nathaniel Stone & others & recorded in said Registry Lib: 296. f: 45. & by a certain other Indenture delivered February 11^th 1830 & Recorded in said Registry of Deeds Lib: 296. f: 45 & 46. — The aforesaid Tract containing about Sixty seven Acres & 3/4 of an acre more or less. Intending hereby to convey all the same premises which the several Deeds of David Stone dated 22 May 1825. of Josiah Coolidge dated 10 February 1830 — of Thomas Lee dated 12 July 1827 (excepting such part of the land, mentioned in said Lee's deed, which I have heretofore conveyed to said Coolidge) — of William Gray dated 14 October 1825— of John C. Gray dated September 6^th 1831— of Benjamin Waterhouse and Heirs dated May 1831— and of Jonas Wyeth dated 25 November 1831— purport to convey to me, together with the Title & Estate in Dower which passed to me under the Indenture between me & William M. Pomroy & Wife dated 15 October 1825, which Estate is the whole of my Interest in that part of the above described premises & is the whole Interest I mean to grant hereby, & the Same is to be taken and held by said Corporation subject to the annual payment mentioned in said Indenture, the burden of which they are to bear and save me harmless therefrom. All said Deeds are recorded in the Registry of Deeds in the County of Middlesex — Also another Lot of Land called Peat Meadow lying in Cambridge aforsaid and containing about Four Acres & thirty five poles & particularly Described in the deed of John Heard J^r to George W. Brimmer dated December 15 1827 & recorded in the Middlesex Registry of Deeds LIB. 281. fol. 39. together with all the rights, privileges & appurtenances thereto belonging. To Have and to Hold the aforegranted Premises to the said Massachusetts Horticultural Society to the Use of them & their Assigns forever And I the said George W. Brimmer for myself & my heirs & Executors & Administrators do Covenant with the said Society & their Assigns that I am lawfully seized in fee of the aforegranted Premises, excepting such such parcel thereof as is mentioned in the said Indenture between me & William M. Pomroy & Wife & containing about Five acres & 4/5 of an acre as above described in which I have an Estate for the life of the said Abigail only as above stated, that I have good right to Sell & convey the same to the said Society as aforesaid— that the said Premises are free from all Encumbrances, except the above Specified; And that I will & my heirs, Executors and administrators shall Warrant and Defend the same to the Society against the lawful claims and demands of all persons, except those of the reversioners in & unto the parcel of Land set off to the Widow of Moses Stone now the said Abigail Pomroy.

In Witness whereof I the said George W. Brimmer have hereunto set my hand and Seal this Tenth Day of January in the Year of our Lord Eighteen Hundred and Thirty-two.

Geo. W. Brimmer [seal: man with greek helmet pulled up to his forhead in white on red background]

Executed & delivered	} Commonwealth of Massachusetts, Suffolk S.S. Boston, January 10th 1832
in presence of	} personally appeared the above named George W Brimmer & acknowledged
Edwd D. Sohier	} the foregoing Internment to be his Free Act & Deed, before me
~ W. D. Sohier	} William D Sohier
__	Justice of Peace
__	Suffolk County

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]