250 
PARK AND CEMETERY. 
cemetery is situated on the top of a 
hill with a railway and the rapids of 
the Elbow river beneath it. 
To make a start, the city spent this 
in a straight line for about 300 feet 
and then turns to the left in order to 
climb the steep hill in several curves, 
whereas a broad promenade goes 
Though only a few improvements 
could be made with the money pro- 
vided for this purpose, because too 
much had to be spent for the exten- 
TEMPORARY FIGURE OF “HEBE” WHERE STATUE OF THORWALESEN’S CHRIST WILL STAND. 
HALF-WAY UP THE HILL ON THE MAIN DRIVE. 
year $10,000 for improvements and a 
main entrance was built, as shown in 
the picture. This arch was designed 
by Mr. Iwersen, and the material 
is Indiana limestone. The cost was a 
little over $5,000. 
There was also a new office building 
put up, together with two green- 
houses. One of the views shows the 
arch with part of the garden around 
the office building. 
The main road runs from the arch 
right up the hill as an extension of 
the first straight part of the main 
road. Twenty feet below the top of 
the hill a plateau was laid out as a 
resting-place for visitors — a beautiful 
spot with a grand view over the city. 
The plateau is planted with conifer 
groups and carpet beds. In the cen- 
ter of the plat will be a statue of 
Thorwaldsen’s Christ. As shown in 
the picture, a temporary statue of 
“Hebe” is placed there. 
sive grading, it is surprising how 
many more visitors are coming now 
compared to previous years, and on 
Sundays the cemetery is really 
crowded. 
The bare hills seen in the pictures 
will be all planted with evergreens, 
which grow on the foot of the 
Rocky Mountains. Some of them may 
be seen in one of our illustrations sur- 
rounding the entrance arch where they 
ha -e made good growth. 
CARE AND MAINTENANCE OF PRIVATE TOMBS 
( Continued ) 
A valid trust to preserve and keep in 
repair a vault or tomb or burying ground 
may arise when imposed as a condi- 
tion to a bequest or property to indi- 
viduals or to a society, a perpetuity 
not being created Johnson v. Halifield 
(1885) 79 Ala. 423, 58 Am. Rep. 596. 
In Re Raab (1899) 42 App. Div. 141, 
58 N. Y. Supp. 1043, where a testatrix 
gave the residue of her estate to her 
executor “in consideration defraying 
my funeral expenses and keep my 
burial plot in good condition,” it was 
held that although, if the bequest 
should be construed as a trust, it 
would be undoubtedly void, yet, as 
such construction was not required by 
the terms of the will, it would be con- 
strued either as a condition subse- 
quent upon which the executor was to 
take the estate, or as implying a cov- 
enant by which he would be bound 
in case he should accept the bequest. 
In Congregational Church v. Cutler 
(1903) 76 Vt. 338, 57 Atl. 387, — a bill 
for such direction as would enable 
the orator properly to perform a con- 
dition attached to a bequest to a 
church, that the officers of the church 
or a committee of said church chosen 
for that purpose, should annually visit 
the grave of testatrix, and give it such 
care and attention as she would give 
under like circumstances, — the con- 
dition was characterized as a con- 
dition subsequent, and no suggestion 
was made as to its possible invalidity. 
A charge upon testator’s real estate 
for the purpose of keeping his burial 
lot in repair, not being for a charity, 
is inoperative, because not vesting 
in anyone. Methodist Episcopal 
