Last W i l l and Testament
OF
CHARLES E D W A R D
FORBES
LATE OF
Northampton,
Mass.
Last W i l l and Testaiueiit
CHARLES
EDWARD
I,ATE
FORBES
OK
Northampton,
Mass.
T h i s copy has been carefully compared w i t h the holographic
W i l l on file i n the Registry of Probate f o r Hampshire C o u n t y .
I t is believed t o be exact i n spelling, p u n c t u a t i o n and
para-
graphing.
The figures enclosed i n brackets
[ ] denote the
ment of each page i n the o r i g i n a l W i l l .
PUBLISHED
BV FOUIJES
AUGUST
1904
LiiiiiARy
commence-
I Charles E . Forbes of N o r t h a m p t o n i n the
County of Hampshire and Commonwealth of Massachusetts, being of souu and disposing m i n d and m e m o r y , do
hereby make, publish and declare the f o l l o w i n g holograph
to be my last w i l l and testament, hereby r e v o k i n g a l l
wills and testaments by me at any t i m e heretofore made.
1. I direct a l l my just d e b t ^ a n d funeral expenses t o be
paid out of my estate by m y executors hereinafter m e n tioned, together w i t h the cost of a l o t of g r o u n d and a
decent monument to m y memory t o be erected by them i n
the cemetary i n said N o r t h a m p t o n .
2. I hereby give and devise to m y half-brother H e n r y
of Enfield i n said County an a n n u i t y of one thousand
dollars a year d a r i n g the period of his natural l i f e .
Also
ray gold watch by Jules Jurgensen, and my gold watch
vest chain w i t h a hook i n the f o r m of a Serpent's head
at one end thereof.
3. 1 give devise and bequeath t o m y sister E l i z a b e t h ,
usually called Betsey, of said Enfield an annuity of one
thousand dollars a year d u r i n g the period of her natural
l i f e , also m y g o l d watch, a duplex repeater by Cooper,
and my lightest gold watch neck chain,
Also a l l m y beds
bedding, i r o n bedstead and f u r n i t u r e i n m y sleeping r o o m ,
together w i t h m y W i l s o n Adjustable Chair, now i n m y
office.
I t is my desire that the above annuities should be
paid i n quarter!}- payments as nearly a conveniently
may be, on the first days of F e b r u a r y , M a y , A u g u s t and
November i n each year.
4. I give and bequeath to Charles F . W a r n e r , who
bears my name, in addition to what I have already given
1
2
h i m , a l l [ 2 ] m y g o l d studs, gold sleeve buttons and silver
studs and buttons, f o w l i n g piece, L o n d o n pistols and all
m y revolvers, amunition and h u n t i n g apparatus of a l l
descriptions.
5. I give and bequeath to the Second Congregational
Society i n said N o r t h a m p t o n m y pew i n the M e e t i n g
House of said Society.
H. I hereby constitute and appoint the H o n . Samuel
T . Spaulding and the H o n . George W . H u b b a r d both
of said N o r t h a m p t o n t o be the executors of this m y last
w i l l and testament and also to be the trustees of a l l the
estate, goods, effects and p r o p e r t y hereinafter given i n
t r u s t by the same. I t is m y request t o the Judge of
Probate that no bonds w i t h sureties be required of said
trustees, unless f r o m a change of circumstances or f o r
other sufficient reason, he shall become satisfied that the
safety of the t r u s t funds is endangered by the omission,
in which case he is requested t o require bonds w i t h adequate sureties, or t o remove the delinquent trustee or
trustees and to appoint other trustee or trustees i n t h e i r
stead.
7. I give and devise to said Spaulding the use of my
Law L i b r a r y so long as he shall remain i n the practice
of the legal profession.
A n d T reccommend that a catalogue of the books composing the l i b r a r y be made out and
lodged i n the Probate Office. A n d I f u r t h e r give t o the
said Spaulding, i n the expectation that he w i l l accept the
above named office, and execute the above named t r u s t s ,
m y gold watch by the W a l t h a m Company, a stem-winder
and the case thereto belonging, also m y heaviest gold
watch neck chain
3
8. I give and devise to the said H u b b a r d , i n l i k e
exp30tation, m y g o l d pocket chronometer by H u t t o n ,
and the cases [ 3 ] thereto belonging, also m y gold vest
watch chain w i t h a large loop at the end thereof.
9. A l l the rest, residue and remainder of m y p r o p e r t y
and estate real personal and m i x e d , wherever situate or of
whatever the same may consist, I give devise and bequeath
to them the said Spaulding and H u b b a r d , their heirs
executors administrators and assigns and to the heirs
executors administrators and assigns of the s u r v i v o r of
them and to such person as may be appointed trustee
in the place and stead of either of them and to his heirs
executors and administrators and assigns but i n t r u s t
nevertheless and f o r the uses and purposes hereinafter
set f o r t h , that is to say, t o establish a f u n d of not less
than two hundred and t w e n t y thousand dollars ($220,000)
i n gold or the equivalent of gold i n value, f o r the purchase
of a site and the erection of a b u i l d i n g , or the purchase of
a b u i l d i n g for the accommodation of a Public L i b r a r y and
for the purchase of books &c to be placed therein f o r
the use of the Inhabitants of said t o w n of N o r t h a m p t o n
and their successors forever.
A n d I hereby order and
direct that i n case i t shall be hereafter ascertained t h a t by
reason of heavy losses already sustained or that may be
hereafter sustained, i n consequence of unfortunate investments or other causes, m y estate shall not be f o u n d sufficient to establish said f u n d of t w o hundred and t w e n t y
thousand dollars after payment of debts, legacies and the
expenses of a d m i n i s t r a t i o n , t h e n , and i n that event m y
said trustees shall keep said residue and remainder safely
and securely invested u n t i l the same together w i t h the
4
accuraulated income and interest shall amount to said s u m ,
and thereupon they shall divide the same i n t o three seperate parts or p o r t i o n s , that is to say a B U I L D I N G F U N I >
of fifty thousand dollars, an A I D F U N D of t w e n t y thousand
dollars, and a B O O K F U N D of at least one hundred and
fifty thousand dollars. [ 4 ]
BUILDING
FUND.
This f u n d is appropriated to the purchase
of a'suitable b u i l d i n g , or t o the purchase of a site and the
erection thereon of a suitable b u i l d i n g for the reception
and safe preservation of the contents of the L i b r a r y .
The
b u i l d i n g t o be fire proof, and situate as centrally and as
near the present Court House i n said N o r t h a m p t o n as
circumstances w i l l p e r m i t , and so disconnected f r o m a l l
other buildings as not t o be endangered by fire o r i g i nating i n them
I n the event of a division of the t o w n ,
the b u i l d i n g , l i b r a r y and a l l the p r o p e r t y funds and
endowments thereto belonging are to be held f o r the use
of the t o w n i n which the present site of the C o u r t House
is located.
Should i t be f o u n d t h a t the above buildinar
f u n d of fifty thousand dollars is inadequate, I hereby
authorize m y said trustees, being thereto first directed
!)y a vote of the t o w n , to p e r m i t the whole sum of t w o
hundred and t w e n t y thousand dollars or upwards to accumulate f o r a t e r m not exceeding ten years, the income and
accumulations f r o m said sum to be then d i v i d e d i n t o equal
moieties, one moiety to be added t o the b u i l d i n g f u n d , and
the other moiety to be added to the book f u n d , and t o
constitute a p a r t of that f u n d forever.
A l l purchases of
real estate under this w i l l t o be evidenced b y deed or
deeds conveying a fee simple t o said trustees t h e i r heirs
5
and assigns in legal f o r m , d u l y acknowledge and recorded,
b u t i n trust alway and f o r the trusts and uses indicated i n
this w i l l .
All)
FUND.
This f u n d of t w e n t y thousand dollars is
to be securely invested and so kept invested forever.
The income therefrom is to be used i n aid of the t o w n
in the payment of employes i n and ai)out the l i b r a r y , and
in the payment f o r f u e l , lights and other neccessary
expenses, to be therein i n c u r r e d . W i t h prudent management and f o r a time after the l i b r a r y is opened and while
the number of books is small, [ 5 ] the income f r o m t h i s
fund ought to be sufficient to meet the current expenses.
W i t h the lapse of time the condition of affairs w i l l change.
B a t w i t h due care, perseverance and a moderately liberal
s p i r i t , no reason is perceived why i n the end this should
not become an i n s t i t u t i o n of <;reat value to the t o w n .
BOOK
FUNI>.
This f u n d i s to consist, at the least, of
one hundred and fifty thousand dollars, and i n a d d i t i o n
thereto of the balance, i f a n y , of my estate, after deducting the b u i l d i n g f u n d , the aid f u n d and the book f u n d ,
all debts, legacies and t h e expenses of a d m i n i s t r a t i o n ,
and also i n addition thereto of the moiety of the accumulations above mentioned, y i e l d i n g annually the sum
of n i n e thousand dollars, at the least, i n gold of the
present vStandard of the gold coinage of the U n i t e d States
or the equivalent thereof.
This f u n d is to be securely
invested in some productive p r o p e r t y a n d to be kept so
invested forever.
I n making investments preference is
to be given 1^^- To first mortgages on real estate held
6
in fee simple, under undoubted t i t l e s , to an amount not
exceeding one half the value thereof i n gold exclusive of
all buildings thereon.
2'^- T o registered bonds of the
U n i t e d States. 'd'^- To registered bonds of any one
of the New England States or of the State of New Y o r k .
4*'^- To registered bonds of any c i t y , county or t o w n
i n New E n g l a n d against which an action may be sustained
at law t o enforce its promises, and execution against
which may be levied upon the person or estate of any
inhabitant thereof.
5*''Beyond the above circle of
investments loans may be made upon such security as the
inhabitants of the t o w n , i n legal t o w n meeting, by a
m a j o r i t y of ten t o one, may order and direct, no loan,
however, shall be made t o any private individual or i n d i viduals, corporation or corporations unless secured by a
mortgage or mortgages on real estate as is above r e q u i r e d .
As this f u n d w i l l be the mainspring of the i n s t i t u t i o n ,
I w i l l and direct that i n case of losses by reason of [ 6 ]
bad investments, dishonesty of treasurers, trustees or
other officers or f r o m any other cause whatever, the
income arising f r o m this f u n d and also f r o m the aid f u n d
shall be applied towards the m a k i n g good of such losses
and to no other purpose, u n t i l such losses are f u l l y
repaired. The income f r o m the Book F u n d , except as
above directed, shall be applied exclusively t o the p u r chase and repair of books, pamphlets, manuscripts and
papers of a l i t e r a r y or scientific character and the b i n d i n g
of the same. Maps and charts and t o a l i m i t e d extent
statuary, paintings engravings and photographs may be
purchased as ornaments to the l i b r a r y and aids t o scientific i n q u i r y . Said income shall never, under any pretence
whatever, be d i r e c t l y or i n d i r e c t l y applied t o any other
use or purpose.
I t is not my i n t e n t i o n , however, that the
whole income should be expended each year, but the
whole or such parts thereof as may be considered t o be
judicious under the circumstances then e x i s t i n g .
I t is m y design to f o r m a l i b r a r y of works
of science and the arts i n t h e i r broadest acceptation, of
ancient and modern h i s t o r y , and of the literatures of our
own and other nations ; but as theological works cannot
he w h o l l y excluded, i n the selection of these latter works
no preference shall be given to any sect or system of theologic i n q u i r y but strict i m p a r t i a l i t y is to be extended to
all of t h e m . Histories of different religions may find an
appropriate place i n this department. I t has been asserted
that there are between t w o and three thousand different
systems of religion in existence.
B u t as a general rule
these are the inventions of cunning men or the vagaries of
semi-lunatics speaking boldly and i m p u d e n t l y i n the name
of God, of whose decrees and purposes they knoAv as l i t t l e
as the most ignorant of their v i c t i m s . The result is seldom
d o u b t f u l . I t is wealth and power on the p a r t of the
prophets, ignorance and p o v e r t y on the p a r t of the
disciples.
I t has been my aim t o place w i t h i n reach
of the Inhabitants of a t o w n , i n which I have lived
long and [ 7 ] pleasantly, the means of learning, i f they are
disposed to learn, the marvellous development of modern
thought, and to enable them t o judge of the destiny of the
race on scientitic evidence, rather than on metaphysical
evidence alone. The importance of the education of the
people cannot be overrated.
I t w i l l be f o u n d the most
8
efficient i f not the only protection against the inroads of a
foreign superstition, whose swarms of priests, Jesuits,
monks, ministers and agents are let loose upon us, and
engaged i n the unholy w o r k of enslaving the minds of the
m u l t i t u d e , and m o u l d i n g them into instruments of p r i e s t l y
power. A power b u i l t up on the remains of ancient paganism, and sustained i n one particular at least by gross
fetichism. A power g r o w i n g out of a monstrous perversion of the precepts and example of the founder of
C h r i s t i a n i t y , by w h i c h p o v e r t y , lowliness, and self abnegation are forced to mean w o r l d l y grandeur, enormous
wealth, a palace, absolutism, and an e a r t h l y c r o w n .
As
the contrast, so the antagonism must always r e m a i n ,
between enlightened freemen, and the progeny of the
Purple and Scarlet clad M o t h e r .
L e t i t be deeply
engraven in the m i n d , that no s t r i c t l y Koman Catholic
country was, or ever can be, a free c o u n t r y .
I f u r t h e r w i l l and direct that none but l a v men shall be competent to any employment, or till any
office, or exercise an\ c o n t r o l i n the management of
the l i b r a r y .
F r o m t i m e to t i m e , rules and regulations
w i l l , of course be adopted, f o r the preservation and use
of the l i b r a r y . F o r the v i o l a t i o n of such rules, i n addition
to legal remedies, the use of the l i b r a r y may }>e w i t h h e l d
f r o m any inhabitant of the t o w n either for a l i m i t e d
p e r i o d , or for l i f e . A n y inhabitant of the t o w n , h a v i n g
a right to the use of the l i b r a r y may request the trustee or
trustees to be hereafter chosen to place therein any book
or w o r k described i n w r i t i n g , and should the trustee or
trustees decline t o comply w i t h such request, he or they
shall state i n w r i t i n g the [ 8 ] the reasons therefor, which
reasons shall be copied i n f u l l i n the records of the l i b r a r y
in order that the rights of the parties, i f desired, may be
determined at law.
The above bequest f o r the benefit of the
Inhabitants of said ^^orthampton is made on the f o l l o w i n g
conditions,
1. That the t o w n by vote shall accept said bequest
w i t h i n three years after the Probate of this w i l l , and
further,
2. B y a vote duly recorded and legally b i n d i n g , the
Inhabitants of said T o w n i n t h e i r corporate capacity as
a t o w n shall obligate themselves and t h e i r successors
1. To pay all expenses necessarily incurred i n about
the management and a d m i n i s t r a t i o n of the affairs of said
l i b r a r y over and above the income derived f r o m the A I D
F U N D . 2 . To keep the l i b r a r y b u i l d i n g i n repair, and to
rebuild the same in case of its destruction by fire or other
casualty. 3 . To erect or provide such other b u i l d i n g
or buildings as may hereafter become necessar}^ i n consequence of. the enlargement of the l i b r a r y .
I f said T o w n of N o r t h a m p t o n refuses or
neglects f o r the period of three years f r o m and after the
probate of this w i l l to p e r f o r m the above named conditions
on their part to be performed and t o assume the obligations
above mentioned, then and i n that event, I hereby revoke
all bequests herein before made f o r the benefit of said
t o w n and declare the same to be n u l l , v o i d and of none
effect; and thereupon I give, devise and bequeath a l l the
said rest, residue and remainder of m y estate and a l l the
10
accnmalatioBs thereof, and a l l the additions thereto, t o
the President and Fellows of H a v a r d College i n the t o w n
of Cambridge, County of Middlesex and Commonwealth
aforesaid to be safely invested i n some productive p r o p e r t y and to be so kept and invested as a seperate f u n d
f o r e v e r ; The income f r o m said f u n d is t o be a p p l i e d ,
exclusively, t o the support and encouragement of one or
more Professors of commanding intellect and acquirements
and of a natural aptitude f o r such p u r s u i t s , [ 9 ] to be
w h o l l y devoted t o o r i g i n a l scientific i n v e s t i g a t i o n s ; or t o
the procurement of the aids, means and appliances necessary or useful i n such investigations. I t being m y object
to give to scientists of preeminent capacity, an opport u n i t y to pursue their f a v o r i t e investigations, ' w i t h o u t
hindrance, (as f a r as is practicable) f r o m the o r d i n a r y
cares and responsibilities of l i f e .
Should the trustees nominated and appointed
by this w i l l or t h e i r successors i n said t r u s t , upon due
i n q u i r y , made as expeditiously as can be conveniently
done after m y decease, become satisfied that a m a j o r i t y
of the inhabitants of said t o w n of N o r t h a m p t o n are disposed to accept the above bequest upon the conditions
thereto annexed, i t is reccommended that an act be obtained
f r o m the Legislature i n c o r p o r a t i n g said l i b r a r y , and g i v ing t o the t o w n i n t h e i r corporate capacity the requsite
power and a u t h o r i t y , by vote or votes d u l y passed i n legal
t o w n meeting and recorded among the records of said
t o w n to adopt and execute the provisions of this w i l l , and
to p e r f o r m a l l the conditions and t o assume a l l the o b l i gations therein mentioned, and to be forever bound t o the
performance thereof.
A n d f u r t h e r that such act be
11
obtained previously t o any action of the t o w n upon
the subject.
I t is reccommended that the act of I n c o r poration authorize said t o w n , at any annual or special
meeting of the inhabitants thereof, legally n o t i i i e d and
warned, to elect one, or at t h e i r o p t i o n , three trustees of
the l i b r a r y and a secretary and treasurer of the corporat i o n , and all other agents and employes t h e r e i n , and t o
remove the same at their pleasure, t o fix the compensation
of each, t o establish all necessary rules and regulations f o r
the l i b r a r y and generally, to control a l l the affairs of the
corporation. B u t i n the absence of action on the p a r t of
the t o w n , the
T R U S T E E *or a m a j o r i t y of
the T R U S T E E S SO elected, b e i n g
first d u l y sworn to a f a i t h f u l discharge of the duties of
their office, shall have the general superintendence and
management of the affairs of the corporation, shall appoint
the librarian and other employes i n the l i b r a r y and fix the
compensation of each and shall have power t o remove [10]
any one of them f o r sufficient cause, t h e y shall also have
power to remove the treasurer whenever i n t h e i r judgment
the safety of the corporation funds requires his removal,
and may appoint a treasurer pro tempore t o continue i n
office u n t i l the t o w n have o p p o r t u n i t y t o act upon the
subject, they shall watch over the pecuniary interests of
the t r u s t , and shall direct the treasui'er i n w r i t i n g as t o
the investments t o be made, they shall examine and
approve i n w r i t i n g a l l vouchers of payments made by the
treasurer, shall direct the purchase b y the treasurer of all
books works and other articles f o r the l i b r a r y , they shall
establish all necessary rules and regulations as to the use
12
of the l i b r a r y and f o r the preservation of the books and
other p r o p e r t y beloniring thereto, and generalljs they
shall have all the powers of the t o w n , had the t o w n chosen
to exercise t h e m , except the election of trustees and of the
secretary and treasurer of the corporation. A n n u a l l y o r
oftener i f the t o w n shall so direct the trustee or trustees
shall make to the t o w n a w r i t t e n statement of the c o n d i tion of the l i b r a r y , and of any in-jprovements, alterations
or changes which may have occurred to them i n the i n t e r est of the c o r p o r a t i o n , and after a careful examination and
scrutiny of the report of the treasurer, they shall c e r t i f y
its correctness, or i f disapproved, they shall p o i n t out
particularly and d i s t i n c t l y the errors, mistakes omissions
or inaccuracies which i t contains, so as to enable the t o w n
to act understandingly on any question arising t h e r e f r o m .
The SECRETARY, being first d u l y sworn as aforesaid,
shall make a true and perfect record of the acts and d o i n g
of the trustee, trustees and treasurer and of all acts and
doings b i n d i n g on the corporation. I n case of a vacancy
in the office or i n a b i l i t y of the secretary t o discharge his
duties, a secretary pro tempore may be appointed and
sworn by the trustee or trustees who shall continue i n
office u n t i l a successor is elected by the t o w n .
The T R E A S U R E R , sworn as aforesaid shall give bonds t o
the corporation i n such sum as the t o w n may appoint,
or i n the absence of such appointment i n such sum as the
Selectmen of the t o w n shall dii'cct w i t h good and sufficient
sureties to the satisfaction of [ U ] said selectmen f o r the
f a i t h f u l discharge of his duties as Treasurer, the p r i n cipal and sureties, by the terms of the bond, t o remain
responsible so long as the treasurer shall continue t o
13
-act i n that capacity either w i t h or w i t h o u t a re-election.
I t shall he the d u t y of the treasurer to collect all moneys
due to the corporation, f r o m time to t i m e , as the same
ma}^ f a l l due, to make such investments thereof as the
trustee or a m a j o r i t y of the trustees nuiy direct i n
w r i t i n g , to pay all debts and sums of money due f r o m
the corporation under their d i r e c t i o n , to .keep a just
and true account of a l l moneys received by h i m and of all
moneys paid by h i m w i t h correct vouchers therefor, and
to pay over to the corporation a l l sums of money due f r o m
h i m , p r o m p t l y at the t e r m i n a t i o n of his treasurship, and
to make, under oath, annually, and oftener i f the t o w n
shall so direct, a detailed report t o the t o w n of all sums of
money or other valuables received by h i m f o r the corporat i o n and of a l l sums of money paid by h i m for the
corporation, w i t h dates and names of all persons f r o m
whom received or to whom paid. This report shall be
delivered to the trustee or trustees f o r his or t h e i r e x a m i nation seven davs at least before the time of the t o w n
meeting to which the r e p o r t is addressed.
A l l the records, accounts and papers of the
corporation or relating to the interests or business thereof,
shall at all reasonable times, and w i t h due precautions
for their security, be open to the examination of any
inhabitant of the t o w n having r i g h t to the use of the
library.
A f t e r the acceptance of this bequest by the
t o w n , and the f o r m a t i o n of the several funds as is above
set f o r t h , the trustees named i n this w i l l or their successors in said trust shall proceed to the purchase of a site
and the erection of a building thereon, or shall purchase a
14
b u i l d i n g for the use of said l i b r a r y , and after the erection
or purchase of such b u i l d i n g , said trustees sliall convey,
assign, transfer and set over to the trustee or trustees
legally elected by the inhabitants of said t o w n of N o r t h ampton a l l the [12] estate real, personal and m i x e d , of
whatever description or wherever situate so held by them
in trust as aforesaid t o have and t o hold t o the trustee or
trustees so elected as aforesaid and t h e i r successors i n said
office forever, upon the trusts and f o r the uses and p u r poses herein before mentioned and described i n this w i l l .
(Interlineations and erasures before signature)
I n witness whereof I the said Charles E .
Forbes have hereunto set my hand and seal this t w e n t y
f i f t h day of September i n the year of our L o r d one
thousand eight hundred and seventy six.
CHARLES
E.
FORBES
Seal
Signed, sealed, published and declared by
the above named Charles E . Forbes t o be his last w i l l
and testament i n the presence of us, who at his request,
and i n his presence, have hereunto subscribed our names
as witnesses t o the same.
OSCAR
EDWARDS
JAMES
L .
JOHN
WARRINER
WHITTELSEY
JOHN
PRINCE
THO^
M .
MEEKINS
15
T h e H o n . CliarU's K d w a r d Forbes, L . L . D . , Justice
of
the
Supreme J u d i c i a l Court of Massachusetts i n 1848, was horn on
August 25, 1795, at Bridgewater, Massachusetts.
The
follow-
ing year his father moved w i t h his f a m i l y to Hampshire County
and settled i n t h a t part of Greenwich
which is now E n f i e l d .
September 1817 Judge Forbes moved to N o r t h a m p t o n , where
In
he
l i v e d u n t i l his death on February 13, 1S81.
His
last w i l l , dated September 25,
1876,
was
proved
and
allowed on M a r c h 8, 1881.
I t was made as a substitute for one of very similar tenor dated
A p r i l 1 1 , 1870, stolen hi the N o r t h a m p t o n B a n k b u r g l a r y J a n uary 26, 1876, recovered after Judge Forbes* death and now i n
the possession of Forbes L i b r a r y .
The w a r r a n t calling the I n h a b i t a n t s of N o r t h a m p t o n to the
Annual Town
Meeting
on
March
2 1 , 1881,
contained
this
article : —
30. T o see i f the t o w n w i l l accept the provisions of the wiU
of the late Judges Forbes.
Under this article on motion of
unanimous rising vote, i t was
Charles
Delano,
Esq.,
by
V o t e d , that i t is the unanimous recommendation of this t o w n
that the executor of the W i U of the late Judge Chas E Forbes
proceed to obtain the necessary Legislation to enable the t o w n
to accept the aforesaid W i l l .
I n response to this vote and the p e t i t i o n of the executor the
Legislature passed t w o acts : —
16
F i r s t — C h a p t e r 2 3 2 , A c t s of 1 8 8 1 .
AN
A C T TO A U T H O R I Z E T H E T O W N
OF N O R T H A M P T O N TO
ADOPT A N D E X E C U T E T H E PROVISIONS OF T H E
WILL
OF
CHARLES E .
FORBES.
Be it enacted^ &c.
SECTION 1 . A l l requisite power and a u t h o r i t y is hereby given
to the t o w n of N o r t h a m p t o n to adopt and execute a l l the p r o v i s ions of the w i l l of Charles E . Forbes late of N o r t h a m p t o n ,
relating to the establishment and maintenance of a h b r a r y at
said N o r t h a m p t o n , and to p e r f o r m a l l the conditions and to
assume a l l the obligations mentioned i n said w i l l , and t o be
forever bound to the performance thereof.
SECTION 2 . T h i s act shall take effect upon votes being d u l y
passed by the town of N o r t h a m p t o n i n legal t o w n meeting called
for the purpose, and recorded among the records of the t o w n ,
whereby the t o w n shall accept this act and the provisions and
bequests of said w i l l , and shall undertake t o p e r f o r m a l l the
conditions and assume a l l the obligations mentioned i n said w i l l .
A n d second—Chapter 2 4 1 , A c t s of 1 8 8 1 .
AN
A C T TO INCORPORATE T H E F O R B E S
IN
LIBRARY
NORTHAMPTON.
Containing these sections : —
SECTION 2 . The said corporation shall have a u t h o r i t y to take
and hold real and personal estate t o an amount not exceeding
eight hundred thousand dollars, i n c l u d i n g a l l the real and personal estate and the proceeds thereof bequeathed and devised by
said Forbes for the establishment and maintenance of a l i b r a r y
i n said N o r t h a m p t o n , and any and a l l real and personal estate
which may be otherwise given, g r a n t e d , bequeathed and devised
to said corporation or to said town of N o r t h a m p t o n for the use
and benefit of said l i b r a r y .
SECTION 3 . T h e legal voters of the t o w n of N o r t h a m p t o n
may, at any annual or special t o w n , meeting called for the purpose
after the passage of this act, vote to accept the same, as also the
provisions and bequests of said w i l l upon the terms and condi-
17
tions prescribed t h e r e i n ; and at the same or any future meeting
w i t h i n the time Umited by said w i l l , articles being inserted i n the
w a r r a n t for t h a t purpose, i t shall be l a w f u l for the tow^n t o determine by vote whether, i n the exercise of the option authorized by
said w i l l , i t w i l l elect one or three trustees to have the s u p e r i n tendence and management of the affairs of said c o r p o r a t i o n ; and
when said o p t i o n is determined i t may, at the same or a f u t u r e
meeting, proceed to the election, by b a l l o t , of a single trustee, or
of three trustees, according as the t o w n shall have predetermined by its vote ; and upon the election of said trustee or trustees
the same shall hold otilce u n t i l his or their successors shall have
been respectively elected and qualified as hereinafter p r o v i d e d ,
or u n t i l a vacancy i n office shall occur through the resignation,
death or removal from ofiice of any t r u s t e e ; and the said t o w n ,
at the same meeting when this act is accepted or at a future
meeting w i t h i n the time l i m i t e d by said w i l l , an article being i n
the w a r r a n t for t h a t purpose, may determine whether i t w i l l
direct the trustees holding otRce by the appointment of the p r o bate court to permit the whole sum appropriated by said w i l l for
library purposes to accumulate for a t e r m not exceeding ten
years, and for what t e r m , as authorized by said w i l l , i n order to
increase the amount available as a b u i l d i n g f u n d ; also, at the
same or any future meeting, the said t o w n may determine and
direct as to any other matter or t h i n g which i t is competent f o r
the town to determine, direct and do, under an article i n the warrant therefor, by way of c a r r y i n g i n t o effect the provisions of
said w i l l , and i n a n t i c i p a t i o n of the time when the trustees
appointed by the probate conrt shall convey to the trustee or
trustees elected by the t o w n , the r e a l , personal and mixed estate
held by the former for the uses and purposes of said l i b r a r y .
S E C T I O N 8.
T h i s act shall take effect upon its acceptance by
the t o w n of N o r t h a m p t o n at a t o w n meeting duly called, and
by a vote duly passed and recorded.
A special t o w n meeting was called on M a y 3 1 , 1 8 8 1 , by w a r r a n t containing these articles : —
A R T . 2 D . — T o see i f the T o w n w i l l accept an act of the Legislature approved M a y 3 d , 1881, entitled
A n A c t to authorize
18
t l i e T o w n of N o i i h a m p t o n to adopt and execute the provisions o f
the w i l l of Charles E . F o r b e s ; " and w i l l undertake t o p e r f o r m
all the conditions, and assume a l l the obligations mentioned i n
said w i l l ; and to take a l l necessary action thereon.
A R T . 3 n . ~ T o see i f the T o w n w i l l accept an act of the L e g i s lature approved M a y Gth, 1 8 8 1 , entitled " A n A c t t o incorporate
the Forbes L i b r a r y i n N o r t h a m p t o n ; " and to take a l l necessary
action thereon.
A R T . 4TH.—^To see whether the Tow^n w i l l exercise the o p t i o n
granted to i t by the w i l l of Charles E . Forbes, and by the act
i n c o r p o r a t i n g the Forbes L i b r a r y , of determining whether the
superintendence and management of the affairs of the corporation
created by said act shall be vested in One or Three T r u s t e e s —
and in w h i c h n u m b e r — a n d t o take a l l necessary action thereon.
A R T . 5 T H . — T o see whether the T o w n w i l l direct
-Messrs
George W . H u b b a r d and Oscar E d w a r d s , the Trustees under the
w i l l of Charles E . Forbes, appointed by the Probate C o u r t , t o
permit the wdiole sum appropriated by said w i l l for L i b r a r y p u r poses, t o accumulate for a term not exceeding ten y e a r s , — a n d
for what term,—-as authorized by said w i l l , i n order to increase
the amount available as a " b u i l d i n g f u n d , " and to take a l l
necessary action thereon.
A R T . 6 T H . — T o see i f the T o w n w i l l take any other or further
action, for the purpose of c a r r y i n g i n t o effect the provisions of
the w i l l of Charles E . Forbes, or of the act incorporating the
Forbes L i b r a r y .
The action under these articles is thus recorded among the
Records of the T o w n ( N o . 7. p p . 266-268.) to w i t
Voted t o take up A r t i c l e s Second, t h i r d F o u r t h F i f t h and
S i x t h of the W a r r a n t and consider the same together.
And
the f o l l o w i n g action was taken under the foregoing
vote.
Whereas by the W i l l of Charles E Forbes lately an eminent
and respected citizen of this t o w n , the chief p o r t i o n of his large
estate is bequeathed to the I n h a b i t a n t s of N o r t h a m p t o n for the
endowment of a public L i b r a r y ; and whereas for the better
19
accomplishment of the purposes of said W i l l the Legislature has
passed an A c t to authorize the t o w n t o adopt and execute the
provisions of said W i l l . A l s o another A c t to incorporate the
Forbes L i b r a r y ; and whereas the said I n h a b i t a n t s , p r o f o u n d l y
sensible as they are of the great and lasting benefits w h i c h are
likely to accrue f r o m this bequest desire to place on record their
due and f o r m a l acceptance of the same.
I t is therefore:
• Voted : t h a t the T o w n g r a t e f u l l y accepts a l l the provisions
and bequests i n the W i l l of Charles E Forbes made i n i t s
b e h a l f : A l s o the A c t of the Legislature A p p r o v e d M a y 3^^
1881 entitled " A n A c t to A u t h o r i z e the T o w n of N o r t h a m p t o n t o
adopt and execute the provisions of the W i l l of Charles E
Forbes " and the T o w n on its part hereby undertakes and
engages t o p e r f o r m all the conditions and assume a l l the obligations mentioned i n said W i l l .
V o t e d f u r t h e r : t h a t the T o w n hereby accepts an A c t of the
Legislature approved M a y 6*'' 1881 entitled " A n A c t t o i n c o r porate the Forbes L i b r a r y i n N o r t h a m p t o n . "
Voted f u r t h e r : T h a t i n the exercise of the o p t i o n granted to
the T o w n by the W i l l of Charles E Forbes and by the A c t
incorporating the Forbes L i b r a r y of d e t e r m i n i n g whether the
superintendence and management of the affairs of the corporation created by said A c t shall be vested i n one or three Trustees ;
and i n which n u m b e r — i t is now f u l l y and linally determined t h a t
the number of corporate Trustees under said W i l l and said A c t
of incorporation shall be and the same is fixed at Three A n d
that their election shaU take place at some future t o w n meeting.
Voted f u r t h e r : T h a t the Trustees under the W i l l of the late
Charles E Forbes appointed by the Probate C o u r t are herebj'
directed t o p e r m i t the whole sum of T w o hundred and t w e n t y
Thousand dollars or upwards which by the provisions of said
W i U is available for L i b r a r y purposes to accumulate u n t i l the
rtrst day of J a n u a r y A D 1891 or for such shorter period as
the T o w n by its vote shall at any future meeting l i m i t and direct,
to the end t h a t whenever the said period of accumulation shall
expire or be t e r m i n a t e d , the income and accumulations f r o m said
sum may be d i v i d e d i n t o equal moieties, one moiety t o be added
20
to the b u i l d i n g f u n d , and the other t o the Book f u n d as prescribed i n said w i l l .
Voted f u r t h e r : t h a t the T o w n s Committee on the Public
L i b r a r y be and they are hereby authorized to confer and advise
w i t h the Trustees under the W i l l of Charles E Forbes should
the latter request such conference or advice upon any matter
which may concern the common or m u t u a l interest of the present
public L i b r a r y and the Forbes L i b r a r y ; w i t h a u t h o r i t y to the said
Committee to make any recommendations to the t o w n i n r e l a t i o n
to the common or mutual interest of the t w o L i b r a r i e s as they
may deem proper.
Voted f u r t h e r : t h a t the T o w n Clerk be and he is hereby
specially i n s t r u c t e d to record among the records of the t o w n the
several votes passed at this present t o w n meeting under A r t i c l e s
2nci 3 r d 4 t h 5th and 6t>' of the W a r r a n t calling said meeting
and to t r a n s m i t to Messrs George W H u b b a r d and Oscar
Edwards the Trustees under the W i l l of Charles E Forbes
appointed by the Probate C o u r t , a certified copy of said votes.
And
this
record:—
memorandum
appears
upon
the m a r g i n of
the
The W i l l of Charles E Forbes and the A c t I n c o r p o r a t i n g the
Forbes L i b r a r y Accepted and A d o p t e d by the unanimous vote of
the t o w n this t h i r t y - f i r s t day of M a y 1881
Attest
JOHN A
SULLIVAN
T o w n Clerk
The special oblisations assumed b y the T o w n appear on page
[ 8 ] of the W i l l , t o ' w u t : —
2.
B y a^vote d u l y recorded and legally b i n d i n g , the I n h a b i tants of said T o w n i n their corporate capacity as a t o w n shall
obligate themselves and their successors
1. T o pay a l l expenses necessarily incurred in about the
management and a d m i n i s t r a t i o n of the aftairs of said h b r a r y
over and above the income derived f r o m the A I D F U N D .
2. T o keep the l i b r a r y b u i l d i n g i n repair, and t o r e b u i l d the
same i n case of its destruction by fire or other casualty.
21
3. T o erect or provide such other b u i l d i n g or buildings as
may hereafter become necessary i n consequence of the enlargement of the h b r a r y .
I n J u l y 1 8 8 1 , Messrs. H u b b a r d and E d w a r d s , the Trustees,
bought the site f o r the l i b r a r y at a cost of $20,000, p a y i n g
$15,000 f r o m the T r u s t F u n d and §5000 contributed by the
Hon. Wilham M . Gaylord.
A l s o M r s . L y d i a M . T u r n e r , the
owner of the p r o p e r t y , made concessions i n the price in view of
its intended use.
A f t e r J a n u a r y 1, 1 8 9 1 , Messrs. E d w a r d s and G a y l o r d , the
Trustees, erected the present libraj-y b u i l d i n g at a cost of
Si 13,993.48, and on October 24, 1894, transferred and conveyed
it and the T r u s t Funds to the Trustees elected by the c i t y .
The funds so transferred were as follows : —
Book F u n d ,
Aid Fund,
Accumulated Income of Book F u n d ,
"
"
Aid
S292,66o.89
S20,000.00
§40,042.84
$2,858.55
The statute now governing the election of the Trustees is Sect i o n 1 , of Chapter 289, A c t s of 1893 as amended by Chapter 2 1 ,
Acts of 1895, v i z . : —
SECTION 1 . The legal voters of the c i t y of N o r t h a m p t o n shall
elect at each annual cit}'^ election, i n the same manner i n which
the mayor is elected, one trustee under the w i l l of Charles E .
Forbes, instead of three trustees as now provided by the charter
of said c i t y , and such trustee shall serve for the term of three
years; and said voters shall i n the year eighteen hundred and
ninety-five and every t h i r d year thereafter elect in the same w a y
a secretary and treasurer of the Trustees of the Forbes L i b r a r y ,
to serve for the term of three years f r o m the first Wednesday of
M a y f o l l o w i n g said election. A vacancy o c c u r r i n g i n any of
said offices may be filled for the residue of the unexpired term at
the nest annual c i t y election.