Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-10-23
THE HARMONY CEMETERY.
Lot Owners Bring suit 80 Gain Posses
sion Of the Grounds.

A bill was filed yesterday by Messrs. III. NJ.
Lauck and j. NJ. Israel for VIM. Syphax, w.
Calvin Chase and others against John F. Cook,
John Ii. Brooks and Others for conveyancing.
accounting, etc. The bill is brought by the
complainants, as they set forth, as lot owners
and IN behalf of the lot owners of the Columbian
Harmony cemetery. 1t sets forth that prior To
1922 there was in the District an unin-
corporated beneficial society of colored people
called the Columbian Harmony society; on the
26th OF January. 1929, j. Elgar commissioner
of public buildings, nveyed TO George Beall,
Joseph Warren and Francis catcher, as agents
OF the society, square AS for the use and
purpose of a burial ground tor all denomina-
lions OF cOlored people" The society accepted
the trust and a cemetery was duly established
the act of. Congress August 11th, 1856.
auth r.Zed the society TO sell the said
site outside the corporate limits, upon
the condition that no contract for the sale and
the reinveStment OF the funds hall be binding
unless the Secretary OF the Interior approves it.
In pursuance TO the authority and with the APP
prevail OF the Secretary, the bill says the square
was $50, sold and the pr. eeeds were reinvesied, aud
Slade, tor 81, U6O, partly cash and partly in
notes, secured by deed OF trust by Moses Kelly,
ing sixteen acres and thirty percbes of land.
On the 9Th OF February, 1868, and Sd of
March 1868. Harriet Brent and the heirs at
law of Robert Y. Brent conveyed TO VIM.
Shade, for the use and benefit of the Columbian
Harmony Cemetery association, q piece of land
containing four-fifths of an acre.
DEDICA TED TO CEMETERY PURPOSES.
The said tracts, the bill Says, were" duly laid
out and dedicated for the use and purpose OF a
cemetery for all denominations of coored peo-
pie, ana a large number of lots and grave sites
therein were sold on the faith and representa-
ton that the said tracts would be forever SO set
apart and maintained"
The bill further recounts the history of the
society and cemetery until, it states, the
time that the death of Benjamin Mccoy, May
so, 1854, LETT JOhn +. Cook sole trustee. The
tract OF iour-htths of an acre conveyed by Mrs.
Breut and the heirs of Robert Y. Brent to Slade
has not been, the plaintiffs say, released TO
any person for the use oil the society. They
augmented and Increased by the sale of lots
DC, and this has gone into the possession of
John f. Cook, as trustee or manager, director or
agent OF the cemetery.
THE SOCIETY,
they state, has ceased to exist except as repre-
sented by the lot propretors, but the defendant
Cook claims and pretends to hold the money
tree from any trust for the lot pr0prietors any
obligation TO apply it TO the improvement. or
namentatOn or maintenance OF the cemetery
grounds. The complainants aver that Cook
conspired with A. Lewis, Cornish, Wormley, l..
e. Bailey, }. A. Simms, Walker Lewis and
George Mccoy to defeat the rights of the lot
holders and pretended To affect reorganiza-
ton OF the society, whereby the lot proprietors
are deprived of a voice in the selection OF tue
trustees Tor the cemetery or in the management
or control OF its affairs, and are otherwise
greatly WTongeu anu pfetudiceu In their Tights.
They pray that John +. Cook as sole surviving
trustee be compelled
TO EXECUTE HIS TRUST
by conveyance of the legal title to complain
ants; that the heirs of Siade be compelled to
deed them the iour-fifihs of an acre; that Cook
be decreed to account for all moneys received
on account OF the society, and turn over to
them all moneys found due and applicable to
the improvement and maintenance OF the ceme-
terry. They ask that j. +. Cook, j. III. Brooks
A. Lewis, L. y. Cornish, w. III. n. Wormley, L.
Z. Bailey. j. A. Simins, W alker Lewis q. +. L.
Cook, ). l.. Cook and George Mccoy be COM
pelIed To- account Tor moneys received by them
since their assumption OF the office of trustee
&c. They also ask that proper person he APP
pointed TO take possession of the moneys, dc,
of the society, and manage the cemetery busi-
ness during the tendency OF the suit.