196 
PARK AND CEMETERY. 
out of his estate for the repair of a 
monument, which seems to have been 
within a church, was held not to come 
within the mortmain act. But this 
case, as is said in Theobald on Wills, 
p. 362, is not consistent with the oth- 
er authorities. 
But in Toole v. Hamilton (1901) 
1 Ir. Ch. 383, where a testatrix made 
a bequest to parish officers, to be in- 
vested, and the interest thereon to 
be applied to keeping the inclosure 
around certain graves in repair, it was 
held that the graves not being part 
of the fabric of the church, and the 
direction not being to spend the 
money at once, the gift was void as 
creating a perpetuity not for charity. 
Trust for Limited Time. 
Since there is nothing unlawful 
about a provision for the care of 
a grave, a trust for such purpose 
which does not run counter to the 
rule against perpetuities is valid. 
In Lloyd v. Lloyd (1852) 2 Sim. 
N. S. 255, 21 L. J. Ch. N. S. 596, 16 
Jur. 306, where a testator directed 
that two of the beneficiaries of his 
will should, out of the annuities giv- 
en them, keep in repair his tomb and 
vault, and that, on default or failure, 
they should lose and forfeit their 
claim to the annuities, the Vice Chan- 
cellor said: “I am satisfied that a di- 
rection simply for keeping a tomb 
in repair is not a charitable use, and 
is not of itself illegal. It may be 
illegal to vest property in trustees in 
perpetuity for such a purpose. But 
the ’ direction that the widow and M. 
M. Lockley shall, out of their life 
interests, keep the tomb in repair, 
etc., is quite lawful, and they are 
under an obligation out of their an- 
nuities to do so according to the 
directions of the will.” 
A provision for repairs and for 
keeping certain graves clean is obli- 
gatory upon the trustee of a trust 
created by will for the benefit of cer- 
tain annuitants, during the continu- 
ance of the trust, but upon its final 
termination ceases to be of any fur- 
ther effect; but a provision for plac- 
ing flowers on the grave “once in a 
while” is so uncertain in its terms 
as to impose no obligation whatever. 
Angus v. Noble (1900) 73 Conn. 56, 
46 Atl. 278. 
While a testamentary provision for 
the preservation, adornment, and re- 
pair of a private monument may be 
void as creating a perpetuity for a 
use not charitable, a provision that a 
suitable tablet shall be placed at the 
head of testator’s widow’s grave at 
the expense of his estate is open to 
no such, objection, as it will be com- 
pletely performed upon the decease 
of the testator’s wife. Leonard v. 
Kenosha Cemetery, Kenosha, Wis., 
has recently erected a boulder wall, 
of unusual and interesting construc- 
tion, of which two views are shown 
VIEW OF PART OF BOULDER WALL, 
SHOWING DETAILS OF 
CONSTRUCTION. 
Haworth (1898) 171 Mass. 496, 51 N. 
E. 7. 
A provision that the family grave- 
yard shall be kept up during the life 
of the testator’s wife is lawful. Horn- 
berger v. Hornberger (1874) 12 
Heisk. 635. 
But a testamentary direction for 
the expenditure of a sum of money 
in keeping a testatrix’s burial plot in 
good condition is not rendered valid 
by a direction that the expenditure 
shall be made “within the time pre- 
scribed by the statute governing per- 
petuities,” as the limitations author- 
ized by statute are based upon a life 
or lives, and not at all upon time. 
Re Fisher (1899) 2 Connoly, 75, 8 
N. Y. Supn. 10. 
herewith. In its construction three 
hundred tons of drift boulders were 
used, all of which was obtained from 
one farm in that vicinity. 
It was designed by Architect Max 
Dunning of Chicago and built by 
the Morse Granite Co., of Kenosha. 
It embodies 850 lineal feet of boul- 
der retaining wall with surmounting 
iron fence, costing about $15.00 per 
running foot. There are also 1,400 
lineal feet of fence with boulder 
posts at 25-foot intervals and five 
feet high iron pickets. The points 
are tuck pointed with black mortar. 
Kenosha is favored with a group 
of prosperous manufacturers and 
wealthy women who take pride in 
beautifying the city and in promot- 
ing its welfare. 
Under the leadership of Mr. Z. G. 
Simmons, son of the pioneer of the 
same name, head of the great brass 
bed factory, who in 1900 gave the 
city a beautiful public library and a 
Soldiers Monument, they have built 
a splendid hospital and have also 
financed the construction of this 
Cemetery wall. 
CEMETERY WALL OF BOULDERS 
BOULDER WALL, KENOSHA CEMETERY, KENOSHA, WIS. 
