Middlebury register. (Middlebury, Vt.) 1886-1937, 1915-03-26

Being impressed with the evils at
tending the extensive destruction of
the original mountain forests of our
country, and being mindful of the bene-
fits that will accrue to, and the pleasures
that will be enjoyed by the citizens of
the State of Vermont and the visitors
within her borders from the preserva-
tion of a considerable tract of mountain
forest in its virgin and primeval state.
and believing that the popularity of
Middebury college will be thereby
greatly enhanced, ] therefore further
give and devise to the president and
fellows of Middlebury College in trust
forever, all those portions of my wild
lands in Hancock that lie within the fol
lowing bounds, that is to say, line run
ming due east and west one hundred rods
north of Silent cliff"-and here follows
description of territory as far as the
eye can reach from one of the widest,
most majestic heights on the very crest
of the Green Mountains" "to have and
to hold all said lands, with their ap-
purtenances. to said president and fe-
lows of Middlebury College and their
successors forever, in trust as a park
for the benefit of said Middlebury Col
lege and the students thereof, subject
to such reasonable rules and regulations
as the trustees for the time being of
said Middlebury College may make"
Such is the third clause in the last
will and testament of the late Joseph
Battell, admitted to probate, with three
|. codicl!s thereto annexed, by Hon.
Charles |. Button in the Probate Court
for the district of Addison on Monday,
March %
The will was pronounced by the court
remarkable for its language, one of the
best written wills ever offered in the
district. 1t is also remarkable for the
public nature Of its bequests, which are
not only made to public institutions but
for the use and enjoyment of the people
at large-''the citizens of the State of
Vermont and the visitors within her
borders. The property is not bestowed
for profit, but for the good of the public
A perpetual trust is created by which
some of the grandest forests in Vermont
are to be preserved as specimen of
the green mountains from which Yer
mont derived its name
The specially restricted forest lands
devised to Middlebury College are the
lots on either side of the highway from
East Middlebury to Ripton village, in
GLIDING the Mddlebury River and the
gorge famous for its scenery, all the
wooded mountains visible from Bread
Loaf lnn and also the extensive lands
in Hancock visible from point Mr..
Battell called "Sient Cliff, a rocky
emlnence at the height of land north of
the highway leading to Hancock. This
is the park entrusted to Middlebury
College.
To the college is also devised a special
trust fund of $4,000 for the perpetual
care of this forest park. $4,000 is also
bequeathed to the college without re-
strictions, in fulfllment of a pledge
made some years ago.
Another park of large extent is Ellen's
Mountain, or Potato Hill", which is
bequeathed to the United States, on
condition that the government will
maintain it with suitable roads and
shelters.
A third park is Chapman Hill, or the
large part of it owned by Mr.. Battel,
devised to the town of Middlebury, with
fund of $4,000 for its maintenance.
What might be called a fourth park is
the woods lying east of the farm owned
by Mr.. Battell adjoining the fair
grounds, but not including the farm.
Still another provision for public !
recreation is the injunction that the
trees along the river bank on the Drake
farm north of the Government farm
shall not be cut for distance of fifteen
rods from the bank of the river.
The will shows that at one time Mr..
Battell had another park in mind within
the village itself, the so-called triangle
whose points are formed by the Baldwin
granite shop, the college boarding hall.
and the house occupied by Prof. Robin
son. The direction that these lots be
purchased was revoked in codicil, as
was also the instruction to his trustees
to purchase certain lands on College hill.
In memory of Mr. Battell's father,