128 JOURNAL OF THE ARNOLD ARBORETUM [vol. hi 



bequeathed to the said party of the first part one and a quarter twenty- 

 fourth parts of the residue of his estate 'in trust, to be by them applied 

 for the promotion of agricultural or horticultural improvements, or other 

 philosophical or philanthropic purposes at their discretion, and to provide 

 for the continuance of this trust hereafter to such persons, and on such 

 conditions as they or a majority of them may deem proper to carry out 

 the intention of the donor ' ; and 



" Whereas, Benjamin Bussey, late of Roxbury, in the county of Norfolk, 

 merchant, deceased, by his last will and testament devised to the said party 

 of the second part an estate in remainder subject to certain life estates 

 in the estate on which he had lived in said Roxbury, called 'Woodland 

 Hill/ consisting of over two hundred acres of land, in trust and confidence 

 that they would " establish there a course of instruction in practical agri- 

 culture, in useful and ornamental gardening, in botany, and in such branches 

 of natural science as may tend to promote a knowledge of practical agri- 

 culture and the various arts subservient thereto and connected therewith, 

 and cause such courses of lectures to be delivered there, at such seasons 

 of the year and under such regulations as they may think best adapted to 

 promote the ends designed, — the institution so established to be called 

 the ' Bussey Institution ' ; and 



" Whereas, the said party of the first part have agreed and determined, 

 in the exercise of the discretion given them under the will of the said James 

 Arnold, that the disposition of the property devised and bequeathed to 

 them as aforesaid, in the manner and for the purposes and upon the con- 

 ditions hereinafter set forth, is and will be the most suitable and proper 

 execution of their trust, and will most effectually provide for the con- 

 tinuance of the trust for the future, to carry out the intention of the donor, 



"Now, Therefore, it is agreed, bargained, and covenanted by and 

 between the said party of the first part and the said party of the second 



part, as follows : — 



"First. The said Emerson, Dixwell, and Parker, trustees, party of the 

 first part, in consideration of the covenants, agreements, and undertakings 

 of the said President and Fellows hereinafter set forth, do hereby give, 



grant, bargain, sell, convey, assign, and transfer to the said President and 

 Fellows of Harvard College, party of the second part, and their assigns 

 forever, the whole property and estate devised and bequeathed to them, 

 the party of the first part, under and by virtue of the will of the said 

 James Arnold, which has been already received or shall be hereafter received 

 by the said party of the first part (excepting and reserving therefrom a 

 sum sufficient to pay the actual expenses incurred by said party of the first 

 part), a schedule of which, so far as received, is hereto annexed, 



" To Have and to Hold the same to the said party of the second part, and 

 their assigns forever, in trust, with full power of sale and reinvestment, 

 upon the trusts following, namely, 



"That the said party of the second part shall hold the same as a separate 



