National Republican., 1878-08-10
GLENWOoD CEMETERY.
Il Grow. Into a Triangular Legal Fig

MED n bill in equity for Ellen NJ. Close, by her
next friends, Reginald Feuall and Charles
Borcheling, against Joseph B. Close, Frederick
| W. Close, and the Glenwood Cemetery Com
pany.
The complainant Is a resident Of the State
, Of New Jersey, aud sets forth that on October
10, 1870, she fled bill for divorce from Joseph
b. Close, alleging cruelty, praying alimony
| and general relief To this the husband an
swercd, and on July IL, 1874, the Court Of
Errors and Appeals dccrecd that the plaintiff
was entitled to decree Of perpetual divorce,
with reasonable alimony aud also to costs ofsuit
| aud counscls' fees, aud remanded the cause to
the Court Of Chancery for further proceedings.
Thereupon the said court, July 20, 1874. de-
creed q perpetual divorce, and on January 90,
| 1873 after reference to ascertain the reason
able alimouy aud counsel fees further dccreed
that Joseph b. Close pay the complainant the
sum Of 5000 annually, In twelve equal
| monthly instalments, on the second Monday
| Of every mouth; and, further, on the second
Monday Of February, 1885, he pay the COM
plainant 81 ,225 for arrears of alimony. and
l,s75 for costs in the cause, and 81 ,37s for
counsel fees.
| An appeal was taken to the Court of Errors
and Appeals and the same was affirmed. The
| defendant made default, and Mr. Charles
Borcheling was appointed receiver Of the per-
sonal estate Of Mr.. J. b. Close, and he ordered
to make an assignment Of all the right aud Il.
tie Of him to all personal property, and especi.
| ally TO the capital stock Of the Glenwood
Cemetery and all dividends aud profits due
therefrom, and apply the same after the pay.
| ment OF all expenses TO the payment Of the
| alimony. This process was issued, but proved
wholly Intellectual as also did process of Sc
| qucstration issued in said cause.
BY act of Congress approved July "a ls5i,
at.I
with power to purchase not exceeding 100
acres of land, whereof not less than thirty
acres should be forever set alart as a cemetery.
| The corporation was to be represented bv
1000 shares Of so each, divided among the
| prOprietors according to their respective inter-
ests. BY an amended act dated February It,
| 1877, the name of the said body polite was
| changed aud various provisions were made in
| respect to the management Of the corporation
| and also of its property. Among the proyi.
| sions was one 10 the effect that one-quartcr OF
the gross rec 'lp's from tho sale OF lots of the
| ground dedicated for burial purposes should
be paid by tie board of trustees to the origi-
nal prOprictors, and the bal llnce applied TO the
maintenance of the cemetery.
The bill then proceeds to recount the pur-
chase of the grounds by Close ct al, and its
preparation for burial purposes and iual
transfer to the present holders.
II is claimed that no conveyance has ever
been made 10 those In possession nor has there
ever been any written declaration of the trusts
upon which the legal title was held. No pur-
chase money has ever been paid by the exist.
| lug corporation as the consideration OF the
| property dedicated to II as aforesaid, nor has
any stock ever been issued under the provis-
ions of the charter, but burial lots to the mum.
Der Of 2,2pO have been sold in the name of the
corporation aud the certificates OF purchase
given TO the buyers have been in such name
L and uuipr tho seal nj said cnrnnrltinn and
signed by Close Ms president, although the pro-
ceeds of such sales, exceeding s2OO,0JJ, have
been, after paying the expenses OF maintaining
the cemetery, applied to private purposes OF
Humphreys iOrginal owner aud Close aud
sul,sc.l lueutly the latter. Mr.. Close admits that
thirty acres were dedicated for cemetery pur.
poses, but in respect to the remaining sixty
acres the complainauts allege that the same
were not to be dedicated TO tue purposes of a
| cemetery.
They were never inc!osed laid out, or i'm.
proved Us part thereof, or used rs such. but
since their acquisition have remained In wood
! land and pasture, and been used for agricultu
raj purposes. separate from the thirty acres
an surrounded by post anI-rai fence. Joseph
q. Close, by dead dated March q. ls17, con,
vryCd the tract Oi ninety acres 10 his sou, i,
\. Close, in fcc.simplc. They aver that the
latter was then without means, aud had barrel y
attained his majority, aud that the conveyance
was uOhc 10 nlnueT uclay, ana ucIfauu thC
4 complainant and other creditOrs Of J. Is. CI1SC
ia the collect ION OF their just debts They fur
thcr charge that since taat transfer the prop
erty has helu recUuveyel 10 the father, but
the deed has not been placol on record.
They therefore pray that decree may b
rendered for the aliInony aud other sums U
money; that the receiver aud assignee may be
ducrced TO he entitled, under tho said assign
mcut, to the shares of capital stock in the said
corporation with all dividends aud profits whicl
have or may accrue thcr2fruin, or to sue!
moneys rs may he decreed to represent or be
| PAYABLE on account of the thirty acres. and alsC
TO the said sixty acres; that the conveyance
FROM j. b. Close to +. n. Close be decreed
fraudulent and void that the defendant b.
cnioncd from selling or in any manner dis
posing of the shares of capital stock or money,
payable Oh account Of the same that tue six ty
acres be dccrccd from any trust Ia behalf Of
the defendant, the Glenwood Cemetery, aud
subject TO execution in satisfaction of the de
cree rendered in pursuance of the first prayer