PARK AND CEMETERY 
AND 
LANDSCAPE 
GARDENING 
PUBLISHED BY ALLIED ARTS PUBLISHING COMPANY 
R. J. HAIGHT, President 
H. C. WHITAKER, Vice-President and General Manager 
O. H. SAMPLE, Secretary-Treasurer 
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MAY, 1915 
EDITORIAL 
VOL. XXV No. 3 
Legal Decision on Bequest for Care of Lot 
The court recently decided ir. Philadelphia, in the case of be- 
quests of the Palethorp estate, that a bequest of $150,000 in trust 
for the care and maintenance of testator's family burial lot, and 
of the tombs thereon erected, and for the support of “some 
proper person to be . . selected and employed by my trus- 
tees to attend to the care and oversight of said lot, and show 
people where it is, and perform such other duties in relation 
thereto as my trustees may prescribe,” is an unlawful perpetuity 
and void, in so far as it will produce more income than could 
reasonably be used for the lawful purpose of maintaining the 
burial lot and tombs ; only so much thereof will be awarded to 
the trustee as will be needed to produce funds for carrying out 
the lawful purposes of the bequest, and the remainder will fall into 
the residue. 
The auditing judge (Dallett, P. J.) in his adjudication says: 
“The testator died May 20, 1913, leaving a will dated January 
3, 1913, whereby, after directing the payment of his debts and 
funeral expenses, and the erection of a tomb in his family lot in 
South Laurel Hill Cemetery, similar to the one erected for his 
brother, he provided as follows : 
“‘Third: I give and bequeath unto my Trustees by this my 
Beginning State Park 
“State Parks for Connecticut,” the first annual report of the 
Connecticut State Park Commission, is a most interesting docu- 
ment to those who are beginning the work of acquiring state 
parks. It gives the text of the state park law and an interesting 
report of Field Secretary Albert M. Turner, who has visited and 
reported on most of the tracts available for state parks. The 
first appropriations for the work included, $5,000 for expenses of 
the commission and $20,000 for the purchase of land. The sec- 
tion of the law describing the powers of the commission reads as 
follows : 
Said commission shall have power to acqnire, maintain, and make avail- 
able to the public open spaces for recreation, and to act with local authorities.^ 
Said ccommission may take in the name of the state and for the benefit of the 
public, by purchase, gift, or devise, lands and rights in land for public open 
spaces, or take bonds for the conveyance thereof; and may preserve and care 
for such public reservations, and in the discretion of the commission and upon 
such terms as it may approve, such other open spaces within this state as 
may be entrusted, given, or devised, to the state by the United States or by 
cities, towns, corporations, or individuals for the purposes of public recreation, 
or for the preservation of natural beauty or historic association, provided said 
commission shall not take or contract to take by purchase any land or other 
property for an amount or amounts beyond such sum or sums as shall have been 
appropriated or contributed therefor. 
The State Controller is authorized to hold in trust, exempt 
from taxation, any gifts or bequests of land or money for state 
park use under the direction of the commission, and any town or 
other municipality is authorized to transfer open spaces to the 
Will appointed, One Hundred and Fifty Thousand Dollars to con- 
stitute a fund to be kept separate and apart, in Trust, neverthe- 
less, to invest, reinvest and keep the same invested under the 
powers and authorities by this my Will upon my said Trustees 
conferred, and to collect and receive the income, issues, dividends, 
and profits thereof, and after paying out said income all lawful 
costs, charges, taxes, commissions and expenses incident to the 
care and management of said Trust, then to pay, expend, use and 
apply the net income therefrom when and as the same may be 
received, for the care and maintenance of the Palethorp family 
lot which belongs to the estate of my late father and mother, 
situated in South Laurel Hill Cemetery, Philadelphia, and for the 
care and maintenance and renewal of any tombs and copings or 
rebuilding that may be required in the judgment of my Trustees, 
and for flowers to be placed and maintained there, and for the 
support and maintenance of some proper person to be from time 
to time selected and employed by my Trustees to attend to the 
care and oversight of said lot, and show people where it is, and 
perform such further duties in relation thereto as my said Trus- 
tees may prescribe from time to time in the exercise of their best 
judgment.’ ” 
Work in Connecticut 
state commission. Edward E. Bradley, of New Haven, is presi- 
dent of the commission, and Edward H. Wilkins, of Middletown, 
secretary. 
The commission’s field secretary made a tour of the entire Con- 
necticut shore, from the Rhode Island line on the east to the 
New York line on the west. The commission felt that knowledge 
of the coast line of the state was of primary importance, as the 
ownership of shore lands is so rapidly changing and prices are 
advancing. After finishing that work the inland sections of the 
state received attention, the mountains, lakes and rivers being 
noted and places of especial scenic beauty visited. Much infor- 
mation was thereby secured and is shown to quite an extent in 
the report of the field secretary. As a result of the decision of 
the commission not to attempt any purchase until the whole situa- 
tion was before it, and as the work of general investigation has 
been but recently completed, the only purchase to the date of this 
report is one piece of seashore and meadow land embracing five 
acres, more or less, in the town of Westport, costing $2,489. 
There are a number of desirable sites inland and on the shores 
of Long Island Sound which the commission feels should be ac- 
quired for the use of the people of the state, whether through 
purchase or by gift of generous and broad-minded citizens. Sev- 
eral such sites have been visited by the commission as a body 
or by individual members of it. 
Editorial Notes 
Suggestive plans have been prepared recently by the landscape 
engineer of the New York State College of Forestry at Syracuse 
University for a fifteen-acre public park in the city of Amster- 
dam, N. Y. The location of the grounds for the park is along 
the Mohawk River, on the historical homstead of Sir Guy John- 
son, famous in Revolutionary times. The property is located 
within ten minutes’ walk from the center of the city. Aside 
from the historical value of the land, the natural topographic fea- 
tures are such as to make the land additionally valuable for 
park development. The plan calls for decidedly useful park fea- 
tures, such as tennis courts, an athletic field, a children’s play- 
ground, a public bath house, and a large artificial w r ater area. 
There are many other towns and cities along the Mohawk River 
that have equally good opportunities for the development of pub- 
lic shade tree areas and recreation grounds. 
