Miscellaneous, Bush Family Cemetery, Bainbridge, NY

The Bush Family Cemetery

Ida Beatty Gilbert Vs. St. Peter's Church

Bainbridge Republican, November 26, 1925

 

The will of the late Harrison L. Beatty, left $15,000 as a trust fund, the income to go to St. Peter's Church of this village [Bainbridge, Chenango Co., NY], and from this income the will provided that the expense of maintaining the Bush Family Cemetery should be paid.  Since Mr. Beatty's death in 1919, the church has paid to William I. Beatty a life tenant on the Beatty farm and brother of Harrison L. Beatty a certain sum for care and maintenance of the cemetery.  The terms of the will as to who were primarily responsible as trustees of the cemetery, whether William I. Beatty or the Rector and wardens and vestrymen of St. Peter's church were not clear.  In July 1924 the church petitioned the Surrogate of Chenango County to construe that portion of the will which had to do with the custody, care and maintenance of the Bush cemetery. 

 

In January 1925 Judge Stratton handed down a decision which gave the church, in the first instance control over, the Bush family cemetery, and also provided that under the terms of a deed referred to in the will that a walk or pathway should be maintained from the highway to the cemetery lot.  This the church undertook to do and a committee was appointed to that purpose.  William Beatty was away during the winter and did not arrive home till May, for in order to install the walk or pathway, the fence had to be cut which would leave exposed the Beatty property.  Upon Mr. Beatty's return arrangement was made for making the pathway or walk and the installing of a self-closing gate.  The gate had to be ordered from a factory and did not arrive until October.  Early in the spring construction on the state highway which passed the Beatty farm began and which was not finished till October.  The torn up condition of the road prevented trucks from entering upon the Beatty lands as sod had to be removed and cinders were to be put down for a walk, consequently the contemplated improvement in accordance with the Surrogate's decree was delayed.

 

Mrs. Ida Beatty Gilbert, sister of Harrison L. Beatty, and one of the heirs and a legatee under the Beatty will, through her attorney Harry J. Mosher of New Berlin brought proceedings in the Surrogate's Court before judge Stratton alleging failure on the part of the church to carry out the terms of the decree, and asking that the Rector, wardens and vestrymen be removed and that the trust fund be taken away from the church, in which event, it would go to the Bainbridge school district.  The first hearing was held on November 16 at which time the church appeared and alleged the cemetery had received the proper care and also showed that there was no willful neglect of the terms of the decree and that the failure to make the walk and pathway was due to circumstances which interfered and that the plans were under way to comply in every particular with the terms of the decree.  Another hearing will be held on December 28th.