Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-22
HIGH SCHOOL PROPERTY.
Bill In Equity to Vest It In City Of
Augusta as Trustee---Text Of Bill.

upon by the citizens at the general
mass meeting to be held at City nall,
under the provisions Of the new ScnoOl
bill OF 1907. There has been quite
general expression of sentiment to the
effect that the city should not be call
ed upon to eXpend any considerable
sum of money for permanent altera-
tons and improvements of the build
ing without being assured of a perpet-
ual tenure of the property, instead OF
it's present merely lease-hold interest
derived from the trustees of the Cony
Female Academy. The present lease Is
also inconsistent with the new school
law of 1907 in that it vests the ADMIN
istration Of the school in the munich
pal officers of the city as such, instead
of in the Board Of Education who, by
the terms of the 1907 act, represent the
city in it's corporate capacity in all
school matters.
The Board of Education has had the
matter under consideration, and from
the investigation of it's special COM
mittee it was found that q valid title
to the property could be transferred to
the city only by action of the Legisla-
ture or by decree of court OF equity.
This is owing to the peculiar legal ma
ture of the charitable trust created by
the original deed of Daniel Cony of
the academy lot and building to the
trustees of the Cony Female Academy
in 1915.
A bill in equity has accordingly been
drafted which in substance asks the
court to order the present trustees OF
the Cony Female Academy to deed all
the property to the city, the same to
be held by it in perpetual trust for the
purpose Of maintaining the Cony Free
High school under it's present name.
The city council and the municipal
officers are made parties to this bill,
and ct the regular meeting on Monday
evening last passed the order (Whlcn
will be found in another cclumn) au-
thoriZing the entry Of their appearance
in the suit and consenting that the
court make the DEGREES asked for in the
bill, provided the citizens vote in ia
vor thereof at the meeting Of May II.
This leaves the matter in such shape
that a decree can be obtained and the
property turned over Immediately at
that time, if the citizens so vote. Fol-
lowing is the full text of the bill:
STATE OF MAINE.
kennebec IS: g..
Supreme Judicial Court. In Equity
The Trustees of the Cony Female
Academy vs. City of Augusta, ct ais.
To the Supreme Judicial Court. In
Equity.
| The trustees of the ;Cony Female
| ;c%: 1,x,
law and having it's legal location in
| Augusta in said county Of Kennebec,
complains against the city of Angus
ia, body polite and corporate in said
county: Frederick w. Plaisted, mayor
of said Augusta, George w. Vickery,
! Charles L. Andrews, w. Fred White,
Walter Hall, Charles A. Knowles,
Reuel J. Noyes, William J. Skehan and
Harry f. Hanks, aldermen of Augusta
aforesaid, all of said Augusta and to-
gether constituting the municipal Off
GERS Of said city, and says:
| 1. On Dec. 25, 1885, Daniel Cony, late
! of said Augusta, deceased, by his duly
executed deed of that date, conveyed
to Samuel S. Wilde, Samuel Cony.
Reuel Williams, Nathan Weston, Jr.,
and Daniel Stone, and their successors
in trust forever, a certain lot Of land,
| with the academy building thereon,
and the appurtenances to the same be-
longing, situated at the junction of the
present Cony and Stone streets in said
Augusta, for the purposes expressed in
said deed as follows: AFTER mature
consideration and from desire to con-
| tribute something for the establish
| IF Tpp,aIo in, fha
town of Augusta, to be and remain in
the premises" aforesaid, and ''in or
der and with a hope of promoting the
formation of a liberal school for the
education Of youth, but more especial
ly females" and "for the use and ben
eft of aiding and supporting q female
academy on the site hereby conveyed"
| and in said deed did name, constitute
and appoint the said grantees and
| their successors forever trustees and
| visitors of the said female academy,
ard prescribed their powers and duties
as such; all of which will more fully
appear from the terms of said instru-
ment, a copy of which. marked "Ex-
hihit A" is hereto annexed and made
a part Of this bill. BY means Of which
deed a charitable trust was created
which was duly accepted by said trus-
tees.
. For the more convenient admins
tration of said trust, by act Of the
General Court of Massachusetts. ap-
proved Feb. 10, 1918, the said trustees
were incorporated into body polite
and corporate by the name of the
Trustees Of the Cony Female Acad-
envy, and were made visitors, trus-
tees and governors of said academy
with perpetual succession and other
essential corporate attributes. as will
more fully appear from the terms OF
said act. copy of which, marked
Exhibit B." is hereto annexed and
made part of this bill.
;. On July 4, 1925, the said Daniel
Cony, by his duly executed deed OF
that date, for the promotion of fe-
male education in morals, religion and
literature, for the accommodation and
perpetual use of the Cony Female
Academy in Augusta, as further
grant and endowment of said institu-
tion," conveyed to the said corporation
a certain other lot of land, south OF
and adjoining the land mentioned in
the first paragraph of this bill, as will
f,,I -