o KNO~H
ALL MEN BY THESE PRESENTS that whereas Charlotte
Adams, of Newton, Middlesex County, Massachusetts, formerly of Boston, Massachusetts, single woman, did by deed dated February 28, 1912, and recorded with Middlesex South District Registry of Deeds, Book
3672,
Page
373,
convey certain real
estate to Edmund H. Sears of Wayland and Francis B. Sears of Weston, to be held by them in trust in accopdance with the instructions and terms contained in a letter written by said Charlotte Adams to said Trustees dated February 28, 1912, a copy of which letter is as follows: Boston, Mass., February 28, 1912. To Messrs. Edmund H. Sears of Wayland, Mass. and Francis B. Sears of Weston, Mass. Dear Sirs,-
By deed of even date herewith I have conveyed to
you and to your successors in trust all my right, title and interest in various parcels of land in Wayland, all but one of i
them, to wit, the twelve-ecr-ewoo d lot, lyinr_s and beLng in the immediate vicinity of the site of the old Grout grist mill and
I
the mill pond and stream.
There are two dwelling houses and
also a barn and shed upon the land conveyed.
Two parcels of
the land, to wit, a parcel containing two acres, more or less, and a second parcel containing nineteen acres, more or less, are now under a lease given by me to Arthur W. Atwood of Wayland, dated December 17, 1908, and continuing for five years from December 9, 1908, the rent reserved being five and 50/100
'-"
dollars
payable
the other
at the end of each month.
structures
The 1ce ~ouses
an
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
except the wood lot above mentioned,
shall be finally
conveyed held by
the t own of Wayland or by some of its duly elected officials in
trust for the Tovm, or by other trustees appointed for the purpose, 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
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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 discretion. 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 payments on the first of every month thereafter; and upon the further 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 proceeds as a trust fund.
And I further authorize the trustees
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to apply the annual
income from
the difference,
if any, between
property
conveyed
hereby
is to be paid
this trust fund towards
by the trustees.
from the wood lot or the proceeds 'income from all the other property
i hundred
up
the net income from the other
and the smn of six hundred
to me annually
maklng
thereof
dollars which
And if the income
together
shall exceed
with
the net
the said six
dollars, then I authorize the trustees to use such excess
in the maintenance and development of the land conveyed other than the wooo lot, or to allow such excess of income to accumulate i
as they see fit. It is my vrish that there shall be always not less than two
'trustees, and you wlll notice that the deed of conveyance pro;vides that in the event of the death of either trustee, the surviving trustee may appoint a trustee to fill the vacancy; and that if at any time neither trustee should be surviving, then I am to he.ve the power, so long as I shall live, to name the trustees who sh8.11succeed to the trust. I further request you on behalf of yourselves as trustees and of your successors in thi'3 trust to acknowledge the receipt of this letter of Ln str-uc t.Lon s and to express your'assent thereto I
by siGning your'names to the clause hereto annexed immediately after my sLgnat.ur-e . You!"s truly, (Signed)
Charlotte Adams. February 28, 1912.
We acknowledge receipt of the above letter and agree to be bound by the provisions thereof. (Signed) Edmund H. Sears (Signed) Francis B. Sears
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:a.na 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 Charlotte Adams do both desire to convey all of the real estate included in said trust deed of Charlotte Adams, except the seventh parcel t her-e of , 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 nrunicipal corporation in said Mic.c~lesex County, Massachusetts, the land in sai r) Wayland consl stine;of six parcels thereof bounoed and described as follows: PIR ~:'ll•
All that p.ir-c eI of land containing two acres mor-eor
less, sit u ated 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 parcel of land containing nineteen acres, tVJenty-fi ve rods, mope or 1e S8, sit.u at.e o near the mill brook and beLn, the second parce1 par-t.Lcu LarLy described in the ssd d deed of Wight to Pendleton and stevens.
-5-
All
Ii THIRD. I
or less,
I and
that
situeted
parcel
o f land
in
immediate
the
more p ar-t.LcuLar-Ly described
I: 1Nay18nd to Charlot te
corrba Ln.Ln.gone-ha
in
vicinit路y the
acre,
of Whale1s
Bridge
'I'own of
deed of the
Adams, da teo. December 30,
more
1895,
and recorded
!
with
Middlesex
FOURTH. less,
All
South that
situated
District
parcel
on Plain
Deeds,
of land Avenue,
Book 2426,
containing
being
the
Page 233.
one acre,
more or
same premises
con-
veyed by Andrew S. Morse to Abbie E. Adams by deed dated 24,
1893,
w l uh Miodlesex
and recorded
472,
Book 220L~, Page
and also
the
South
District
same premises
April
Deeds,
conveyed
by
i
i
mortgage
deed by said
Abbie E. Adams tosaid
Charlotte
Adams, by
I
i
I' deed dated
i.
November 1,
~ District
Deeds,
I
All
I. FIFTH.
I
1893,
Book 2241,
that
parcel
wi th Middlesex
South
Page 422.
of land
containing
one acre,
more or
less, situated next south of the said parcel conveyed by
I Andrew
S. Morse to
conveyed
by said
March 23, Deeds,
1895,
a small
Adams to SIXTH.
said
and recorded
triangular
Deeds,
Each of the any rights any,
of land
Book 3007,
by said
near
the
con-
Charlotte
December 1,1902. the
said
old
Grout
Charlotte
Adams,
Middlesex
Page 166.
above parcels
which may now exist
Di strict
present
and r-ec or-d ed with
1902,
of. way and flowage
from this
on or about
Morse to ~
s ame premises
South
conveyed
parcel
by said
the
Adams, by deed dated
Middlesex
parcel
triangular
conveyed
~istrict
with
Page 5.99, excepting
by deed da t ed December 1, South
Charlotte
Morse by deed dated
A small
Gristmill
Abbie E. Adams, and being
IViorse to said
Boo~: 2351,
veyance
!
and recorded
is
or other
and with
-6-
conveyed
subject
to
such encumbrances,
such rights
and privileges
if
(.' r
A
(
• !
-
.
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. 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 described premises.
-7-
IN WI'_[,NESS VVHEREOF said Edmun d H. Sears as Trustee aforesaid
has hereunto
Charlotte
Adams has caused her name to be hereto
these presents
to be sealed on her behalf
in her presence, , r
d
set his hand and seal and the said
at her request
day of April
affixed
and
by George N. Putnam
and by her direction,
this
1936.
Witness to the signature of Charlotte Adams hereto in'her presence, at her request and by her direction by George N. Putnam.
COMIVION~ALTHOF MASSACHUSETTS ss ,
~;t~t~
April
1ÂŁ 1936.
Then personally appeared the above named Edmund H. Sears, Trustee and acknowledged the foregoing instrument to be his free act and deed~ as Trustee aforesaid.
-8-
of