1022] SARGENT, FIRST FIFTY YEARS OF THE ARNOLD ARBORETUM 129 



and distinct fund, and shall allow the whole net income thereof (after 

 deducting the necessary expenses of managing the same, and also deduct- 

 ing, if they see fit, one third part of such net income in each year as is 

 hereinafter provided) to accumulate and add the same to the principal, 

 until the said fund shall amount, at a just valuation, to one hundred and 

 fifty thousand dollars, and until the land at West Roxbury hereinafter 

 described shall come into the possession of the said party of the second 

 part as an estate in possession, free of all life tenancies or other encum- 

 brances. 



" Second. When both said events shall have happened, that the said 

 party of the second part shall accumulate five per centum of the said net 

 income, in every year, and add the same to the capital, as a part of the 

 said permanent and separate trust fund. 



" Third. That the said party of the second part shall devote the 

 remainder of the said net income in every year to the establishment and 

 support of an Arboretum, to be called the 



Arnold Arboretum, 



which shall contain, as far as is practicable, all the trees, shrubs, and 

 herbaceous plants, either indigenous or exotic, which can be raised in the 

 open air at the said West Roxbury, all which shall be raised or collected 

 as fast as is practicable, and each specimen thereof shall be distinctly 

 labelled, and to the support of a professor, to be called the Arnold Pro- 

 fessor, who shall have the care and management of the said Arboretum, 

 subject to the same control by the said President and Fellows to which 

 the professors in the Bussey Institution are now subject, and who shall 

 teach the knowledge of trees in the University which is in the charge of 

 the said President and Fellows, and shall give such other instruction therein 

 as may be naturally, directly, and usefully connected therewith. And as 

 the entire fund, increased by the accumulations above named, under the 

 best management and with the greatest economy, is barely sufficient to 

 accomplish the proposed object, it is expressly provided that it shall not 

 be diminished by supplementing any other object, however meritorious 

 or kindred in its nature. 



But the said President and Fellows shall be allowed to obtain from said 

 Arboretum, free of cost, any trees, shrubs, and herbaceous plants, which, 

 in the judgment of the Arnold Professor, can be spared from said Arbore- 

 tum without injury thereto, the same to be used for the ornament of the 

 College grounds, at Cambridge or elsewhere. 



Fourth. Until the happening of both of the events named in the first 

 clause, the said party of the second part may expend one third part of 

 said net income in every year, and no more, in such preparation of the land 

 hereinafter named, and in such collecting or raising of specimens, and the 

 necessary superintendence thereof, as will promote the general and ulti- 

 mate purpose above stated, but in no other way." 



