1868-01-10 Committee on Miles Petition for Lot Representative, Henry J. Miles, 2021.004.044

(preprinted "To the Trustees of the Cemetery of Mount Auburn)

(preprinted "Respectfully represent the undersigned that") Henry L. Miles (preprinted "the proprietor of lot numbered") 236 (preprinted "in said Cemetery, who last dwelt in") Roxbury, Mass (preprinted "died in") said city (preprinted "on the") 30th day of Dec A.D. 1867, (1) (space) testate, leaving (2) a wife whose name is Harriet M. Miles of Roxbury and as his only heir-at-law and next of kin the person whose name, relationship to the deceased and place of residence is as follows, viz.:

only child is Mary Denny, daughter of said Henry by first wife Helen Maria.

The will, after directing the payment of debts gives the whole residence to said wife Harriet, in trust for the benefit and support of herself + children.

Said lot actually owned by Rev. Henry A. Miles, the father of said dec/(?), and also executor under his will, and by Miss Susan W. Moore and by said Henry J. and the other owners desire that the said Henry A. Miles should (?) the (?).

Wherefore your petitioner asks that (3) Henry A. Miles of Brookline the (4) father aforesaid may be designated to represent said lot until further action on the part of your Board may become necessary.

Dated this 10th day of January A.D. 1868 (5) Harriet M. Miles

(Footnotes - ) (1) "Testate," if the deceased left a Will; otherwise "intestate." (2) "A husband," or a "widow," as the case may be. (3) Name of representative. (4) Degree of relationship. (5) Space for signatures.

Minors must be so designated, and the names of their Guardians given if they have any. If any party is a married woman, her husband's name must be given. The heirs-at-law and next of kin may be determined by reference to Chapters 91 and 94 of the General Statutes.

The following extracts from the Charter and By-Laws, contain all the regulations existing in connection with the subject matter of this petition ACT OF INCORPORATION - SECTION 8. Be it futher enacted, That the lots in said Cemetery shall be indivisible, and upon the death of any proprietor of any lot in the said Cemetery containing not less than three hundred square feet, the devisee of such lot, or the heir at law as the case may be, shall be entitled to all the privileges of membership as aforesaid; and if there be more than one devisee or heir at law of each lot, the Board of Trustees for the time being, shall designate which of the said devisees or heirs at law shall represent the said lot, and vote in the meetings of the Corporation - which designation, shall continue in force, until by death, removal or other sufficient cause, another designation shall become necessary; and, in making such desigantion, the Trustees shall, as far as they coveniently may, give the preference to males over females, and to proximity of blood and priority of age; having due regard, however, to proximity of residence.

BY-LAWS - ARTICLE 30. When the devisees or heirs at law of any deceased proprietor, or the guardian or trustee of such persons being infants, shall desire the appointment of a person to represent the lot owned in common by them, written application to the Trustees shall be made by them in that behalf.

This petition may be presented at any regular meeting of the Trustees, which occurs on the first Monday of every month. The Annual Meeting of the Corporation is held on the first Monday in February.

Return to A.J. Coolidge Secretary, 16 Pemb. Sq., Boston.

236 Henry J. Miles Ref. Henry A. Miles of Brookline, father

Referred to a com'tee consisting of Mr. Rand + Mr. (?)