PARK AND CEMETERY. 
119 
ciety of Friends, subject to regula- 
tions to be made by the meeting. 
(3) Hertford, a piece of arable land 
then used as a burying place by the 
people called Quakers, which, with a 
meeting-house, was conveyed in 1784 
to trustees upon trust .at all times to 
suffer the said land, burying place, and 
premises to be .kept and used as a 
public burying place for the people 
called Quakers which should inhabit 
in or near the town of Hertford, in 
such manner as the same had been 
used and kept. 
(4) Ware (now disused), a piece of 
land which in 1728 was, with a meet- 
ing-house standing on part of it, con- 
veyed to trustees upon trust that the 
same should at all times be used as a 
place of burial of and for the Protest- 
ant dissenters called Quakers inhabit- 
ing in and residing near the town of 
Ware. 
The preparative meeting appointed 
five of their members to receive the 
legacy, but the executors were advised 
that the legacy was probably void and 
declined to pay it. A lengthy corre- 
spondence took place, and eventually 
this summons was taken out by the 
Attorney General, to whom the ques- 
tion of the legacy had been certified 
■by the Charity Commissioners, asking 
that the executors might be ordered 
to pay the legacy to the preparative 
meeting. 
E. Beaumont, for the summons: 
This is a valid charitable trust, al- 
though it is restricted to the benefit 
of the members of a particular so- 
ciety. It is true that all the other 
grounds are for the benefit of Quak- 
ers only, but the Cottered ground is 
held for the use of all Christian peo- 
ple, and the Hertford ground is to be 
used as a “public” burying place for 
the people called Quakers. Those 
trusts are sufficiently for the benefit 
of the [ 70 J public to support this leg- 
acy. There is no case on the subject 
of burial grounds provided for dis- 
senters. The principle is, however, 
clearly indicated. In Attorney Gener- 
al v. Pearce (1740) 2 Atk. 87, it is said 
to be almost impossible to say which 
are public and which are private chari- 
ties in their nature. In Attorney Gen- 
eral v. Lawes (1849), 8 Hare, 32, 41, 
19 L. J. Ch. N. S. 300, 14 Jur. 77, Wig- 
ram, V. C., says that a bequest is not 
the less a charitable bequest from the 
fact that it is given for the benefit of 
a limited class of persons. A trust of 
property in favor of a parish or the 
parishioners can be upheld on the 
ground that it is a charitable trust. 
Attorney General v. Webster (1875) 
L. R. 20 Eq. 483, 491, 44 L. J. Ch. N. 
S. 766. Or in favor of the inhabitants 
of a borough. Goodman v. Saltash 
Corporation (1882), 7 App. Cas., 633, 
642, 52 L. J. Q. B. N. S. 193, 48 L. T. 
N. S. 239, 31 Week. Rep. 293, 47 J. P. 
276; In re Christ Church Inclosure 
Act (1888) 38 Ch. D. 520, 531, 57 L. J. 
Ch. N. S. 564, 58 L. T. N. S. 827. Or 
in favor of the children of deceased 
railway servants. Hall v. Derby Sani- 
tary Authority (1885) 16 Q. B. D. 163, 
55 L. J. Mag. N. S. 21, 54 L. T. N. S. 
175, 50 J. P., 278. 
A cemetery may be the subject of 
a chairtable gift. Attorney General v. 
Blizard (1855) 21 Beav. 233, 25 L. J. 
Ch. N. S. 171, 1 Jur. N. S. 1195. Land 
purchased under statutory authority 
for a burying ground of the Estab- 
lished Church is a charity. In re St. 
Pancras Burial Ground (1866) L. R. 
( Continued on page VII) 
FINE PERGOLA ENTRANCE TO KNOXVILLE CEMETERY 
One of the most carefully planned 
and artistically designed cemetery en- 
trances in the country is that leading 
into Greenwood Cemetery, Knoxville, 
Tenn., illustrated on these two pages. 
The design embodies a fine architec- 
tural scheme, including a monumental 
pergola and posts of Tennessee mar- 
ble, arranged on a semi-circular plan, 
and embellished by generous plant- 
ing, shown in a good stage of growth 
when the accompanying picture 
was taken. The general Resign for 
the entrance as well as the layout of 
the grounds of this modern, intelli- 
gently developed cemetery, is the work 
of Hare & Hare, landscape architects, 
of Kansas City, Mo. 
The plan of the posts and the fence 
connecting them and gates connect- 
ing them describes a wide semi-circle 
that is not indicated in the photo- 
graph. The distance across the front 
of the semi-circle from the extreme 
end posts is 134 feet, and the pergola 
is 34 feet wide and about twelve feet 
high. The Tennessee marble columns 
forming the pergola are ten feet high. 
The end posts are six feet high to 
the bottom of the surmounting vase, 
and the larger posts forming the 
drive gateway are fourteen feet high 
to the surmounting ball. Between 
these main pairs of large posts are 
the chief entrances for carriages. At 
either end of the pergola are foot 
paths. 
The work as a whole makes a very 
impressive monumental effect, and the 
fine landscape treatment given it adds 
much to its beauty and fitness as an 
adornment to the cemetery. 
iJ-LM 
RE & HARE, KANSAS CITY, MO., LANDSCAPE ARCHS. 
