charlotte adams donates mill pond to wayland
DESCRIPTION
In her 1936 will, Charlotte Adams' 1912 letter of instruction to her attorneys directs that her land be donated to the Town of Wayland for park purposes, and be named "Adams Park"TRANSCRIPT
December 9, 1908, the rent reserved being five and 50/100 '-"
now under a lease given by me to Arthur W. Atwood of Wayland,
dated December 17, 1908, and continuing for five years from
and a second parcel containing nineteen acres, more or less, are
the land, to wit, a parcel containing two acres, more or less,
also a barn and shed upon the land conveyed. Two parcels of
I the mill pond and stream. There are two dwelling houses and
immediate vicinity of the site of the old Grout grist mill and
i them, to wit, the twelve-ecr-ewoo d lot, lyinr_sand beLng in the
interest in various parcels of land in Wayland, all but one of
you and to your successors in trust all my right, title and
Dear Sirs,- By deed of even date herewith I have conveyed to
To Messrs. Edmund H. Sears of Wayland, Mass. and Francis B. Searsof Weston, Mass.
Boston, Mass., February 28, 1912.
of which letter is as follows:
Charlotte Adams to said Trustees dated February 28, 1912, a copy
instructions and terms contained in a letter written by said
Weston, to be held by them in trust in accopdance with the
estate to Edmund H. Sears of Wayland and Francis B. Sears of
February 28, 1912, and recorded with Middlesex South District
Registry of Deeds, Book 3672, Page 373, convey certain real
Boston, Massachusetts, single woman, did by deed dated
Adams, of Newton, Middlesex County, Massachusetts, formerly of
KNO~H ALL MEN BY THESE PRESENTS that whereas Charlotte
o
-2-
dollars payable at the end of each month. The 1ce ~ouses an
the other structures on the said leased land are the property
of the lessee, who has the right to remove them at any time
during the term of the lease.
It is my purpose and desire that all the premises conveyed
except the wood lot above mentioned, shall be finally held by
the town of Wayland or by some of its duly elected officials in
trust for the Tovm, or by other trustees appointed for the pur
pose, so that the premises may be for the public use and benefit
of the inhabitants of Wayland. It is my hope that in process
of time the pond and the land about the same and along the mill
brook may be laid out and maintained as a park or pleasure
ground, and may be called The Adams Park, or by some similar
name, and kept and considered as a memorial to my brother,
Albert L. Adams, now deceased, and to myself, for he was for
many years a resident of Wayland, and at one time I was one of
its citizens.
While it is my hope and wiQh that the larger part of the
premises now conveyed may be maintained as 9:nopen pleasure
ground, I do not direct the trustees to remove the two dwelling
houses or other buildings now upon the property, but on the
contrary, authorize the trustees in their discretion to maintain,
repair or enlarge these houses and buildings, if the trustees
see fit so to do. And while I refrain from directing the
trustees not to erect or maintain any other buildings upon the
premises conveyed, it is my earnest wish that the land be kept
open. And I direct that if any new buildings, apart from the
-3-
said dwelling houses and the buildings be onging Wl e
erected, such new buildings shall be for the public use and for
purposes of comfort, recreation, or pleasure. It is not my wish
that any town hall or other building devoted to the business or
official work of the town should be erected upon the premises
conveyed.
I request the trustees to keep the present buildings
insured and in repair for as long a time as it seems best to the
trustees to'maintain them, and to rent the same in their dis
cretion.
I make this conveyance upon the condition that yourselves
or your successors shall pay to me during the term of my life
the sum of fifty dollars on the first day of every month, the
first payment to be made on April 1, 1912, and subsequent pay
ments on the first of every month thereafter; and upon the fur
ther condition that in the event of your failure so to do, the
property hereby conveyed shall revert to me, and that you or
your successors will sign and deliver at my request any deeds
, of conveyance or other writings which may be necessary to give
this provision full force and effect.
And I make this conveyance upon the further condition that
no income or other tax shall be assessed upon me or be payable
from me upon the said six hundred dollars which is to be paid
to me annually without diminution so long as I shall live.
I authorize the trustees to sell the wood lot or any part
thereof, or the wood thereon, and to keep and invest the pro
ceeds as a trust fund. And I further authorize the trustees
-4-
Edmund H. SearsFrancis B. Sears
(Signed)(Signed)
We acknowledge receipt of the above letter and agree to bebound by the provisions thereof.
February 28, 1912.
(Signed) Charlotte Adams.
You!"struly,
after my sLgnat.ur-e.
I by siGning your'names to the clause hereto annexed immediately
of this letter of Lnstr-uct.Lons and to express your'assent thereto
and of your successors in thi'3trust to acknowledge the receipt
I further request you on behalf of yourselves as trustees
trustees who sh8.11succeed to the trust.
I am to he.vethe power, so long as I shall live, to name the
that if at any time neither trustee should be surviving, then
viving trustee may appoint a trustee to fill the vacancy; and
;vides that in the event of the death of either trustee, the sur-
'trustees, and you wlll notice that the deed of conveyance pro-
It is my vrish that there shall be always not less than two
i as they see fit.
than the wooo lot, or to allow such excess of income to accumulate
in the maintenance and development of the land conveyed other
i hundred dollars, then I authorize the trustees to use such excess
'income from all the other property shall exceed the said six
from the wood lot or the proceeds thereof together with the net
is to be paid to me annually by the trustees. And if the income
property hereby conveyed and the smn of six hundred dollars which
the difference, if any, between the net income from the other
to apply the annual income from this trust fund towards maklng up
-5-
tVJenty-five rods, mope or 1eS8, sit.uat.eo near the mill brook
and beLn, the second parce1 par-t.LcuLarLy described in the ssdd
deed of Wight to Pendleton and stevens.
All that parcel of land containing nineteen acres,
less, situated in the immediate vicini t7>' of iNhale t s Bridge,
so-called, and being mor-eparticularly described in the deed of
George H. -vVightto Andrew F. Pendleton and Edwin S. stevens,
dated March 15, 1887, and recorded with Middlesex South District
Deeds, Book 1790, Page 174.
All that p.ir-c eI of land containing two acres mor-eorPIR~:'ll•
Charlotte Adams do both desire to convey all of the real estate
included in said trust deed of Charlotte Adams, except the
seventh parcel ther-eof, to the Town of Vlayland,for the uses
and for the purposes hereinafter set forth, all in accordance
with the purpose and desire of said Chap10tte Adams, as expressed
in said letter above set forth.
NOw, tberefore, we, the saLd Charlotte Adams and the said
Edmund H. Sears as he is Trustee under said deed dated February
28, 1912, do hereby, for consideration paid, grant unto the
Inhabitants of the Town of WaylR.nd,a nrunicipalcorporation in
said Mic.c~lesexCounty, Massachusetts, the land in sai r) Wayland
conslstine;of six parcels thereof bounoed and described as
follows:
Whereas said Francis B. Sears is now deceased and no
successor has ever been appointee to succeed bim as Trustee under
said deed and letter, ane
Whereas the surviving Trustee, Edmund H. Sears and said
:a.na
-6-
any, which may now exist and with such rights and privileges
any rights of. way and flowage or other such encumbrances, if
Each of the above parcels is conveyed subject to
by deed dated December 1, 1902, and r-ecor-d ed with Middlesex
! South ~istrict Deeds, Book 3007, Page 166.
Gristmill conveyed by said Morse to ~ the said Charlotte Adams,
SIXTH. A small triangular parcel of land near the old Grout
Adams to said Morse by deed dated on or about December 1,1902.
veyance a small triangular parcel conveyed by said Charlotte
Deeds, Boo~: 2351, Page 5.99, excepting from this present con-
conveyed by said IViorse to said Charlotte Adams, by deed dated
March 23, 1895, and recorded with Middlesex South Di strict
veyed by Andrew S. Morse to Abbie E. Adams by deed dated April
24, 1893, and recorded w l uh Miodlesex South District Deeds,
Book 220L~, Page 472, and also the same premises conveyed byii mortgage deed by said Abbie E. Adams tosaid Charlotte Adams, byIiI' deed dated November 1, 1893, and recorded wi th Middlesex Southi.~ District Deeds, Book 2241, Page 422.
II. FIFTH. All that parcel of land containing one acre, more or
I less, situated next south of the said parcel conveyed by
I Andrew S. Morse to Abbie E. Adams, and being the same premises
less, situated on Plain Avenue, being the same premises con-
All that parcel of land containing one acre, more orFOURTH.
with Middlesex South District Deeds, Book 2426, Page 233.
or less, situeted in the immediate vicinit·y of Whale1s Bridge
I and more par-t.LcuLar-Ly described in the deed of the 'I'own of
I: 1Nay18nd to Charlot te Adams, da teo. December 30, 1895, and recorded!
acre, moreAll that parcel of land corrbaLn.Ln.gone-haIi THIRD.I
-7-
And said Charlotte Adams does .join in this conveyance in
expression of her consent to the transfer and conveyance of said
property as herein set forth and as an acknowledgment of the
fulfillment of the terms of said trust as contained in said deed
and letter and of her desire and wish for the termination thereof
as well as for the purpose of conveying to the grantee any right,
title and interest of any nature whatsoever, whether by way of
reversion or otherwise, which she has in the foregoing des
cribed premises.
including rights of way and flowage as are appurtenant to any
of the parcels hereby conveyed. Being the first six parcels
described in said deed of Charlotte Adams to Edmund H. Sears
et a1 Trustees dated February 28, 1912 and recorded with said
deeds, Book 3672, Page 373. Said premises are conveyed subject
to any outstanding taxes or other municipal liens, if any. This
conveyance being in the nature of a gift to said Tovm and without
consideration, no Federal Revenue Stamps are affixed.
TO HAVE P..ND TO HOLD the granted premises with all the
privileges and appurtenances thereto belonging to the said
Inhabitants of the Town of Wayland and their successors and
assigns for the following uses and purposes:
Namely, said property to be used for park purposes, to be
called the Adams Park, to be considered as a memorial to Albert
L. Adams, brother of said Charlotte Adams and to said Charlotte
Adams.
- .• !
A ((.' r
-8-
Sears, Trustee and acknowledged the foregoing instrument to
be his free act and deed~ as Trustee aforesaid.
COMIVION~ALTHOF MASSACHUSETTS
ss , ~;t~t~ April 1£1936.
Then personally appeared the above named Edmund H.
Witness to the signature ofCharlotte Adams hereto in'herpresence, at her request andby her direction by George N.Putnam.
in her presence, at her request and by her direction, this
, rd day of April 1936.
these presents to be sealed on her behalf by George N. Putnam
Charlotte Adams has caused her name to be hereto affixed and
aforesaid has hereunto set his hand and seal and the said
IN WI'_[,NESSVVHEREOF said Edmun d H. Sears as Trustee of