The instrument's own words
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315
with the said John of Charlestown and assigns, that said John warrant and
defend the aforesaid premises unto the said John of Charlestown and
assigns forever, against the usual claims and demands of all persons
claiminge by title root or remedy under me
and Joseph H. Rittler husband
of the relict Rose M. Rittler in consideration of the sum first aforesaid
do hereby release and forever quit claim unto the said John of Charlestown
and assigns, all my right interest or equity in and to the aforementioned premises,
In testimony whereof we have hereunto set our hands and seals
this 16 day of July in the year of our Lord one thousand nine hundred
and twenty four.
Signed sealed and delivered in the presence of
Walter S. Underwood
Leon S. Smith
Rose M. Rittler L.S.
Joseph H. Rittler L.S.
On Ruttman, mass, on the 16th day of July A.D. 1924 before me
personally appeared Rose M. Rittler and also Joseph H. Rittler to me
known and known by me to be the parties speculating the foregoing
instrument and did acknowledge and signed without mistake why they
requested to be their act and deed.
Francis R. Haniff
Notary Public L.S.
Received for record July 25, 1924 at 2-30 o'clock P.M.
and recorded by George G. Smith, Town Clerk
This Agreement and declaration of Trust made by the
undersigned beneath this eleventh day of April, A.D. 1923,
I. M. Rittler, that whereas Ernest D. Chapman of North
Smithfield in the County of Providence and State of Connecticut
has this day conveyed to Albert A. Heunner of Providence in the
County of Providence and State of Rhode Island, as trustees of
the Baltic Club, by deed of date hereof date herewith, and to be received
herewith, a certain tract or parcel of land situated in the
Town of Johnston, State of Rhode Island, on the Northern shore
of Wataring Pond, bounded and described as follows: commencing
on the Mark of said plot at the corner of lands of heirs of chase
Burdick and running Northwesterly along said Burdicks land
about seventy five (75) feet to a stake set in the ground;
thence Easterly about one hundred (100) feet to a stake
set in the ground; thence Southerly about seventy five (75)
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316
feet to the Mid Road said Road, thence Easterly 110 or some of said Bond
is numbered (15) feet to a nail of said Barnstable heart, Being heat with a
cutter ... ... ... a weight It way to and from said east above Robert
Conway’s farm, in sc curved to westerly, Being the same property
described in a deed of William & Sarah to Samuel Shopwoman, dated
the thirteenth day of June 1742, and recorded with deeds of seeds
in the town of Westerly, Rhode Island, Book 10, Page 30 and 31.
The underscribers, hereto acknowledge and declare that said
conveyance is made and paid to said Albert B Bernard as trustee
perpetual, and the said trustee and any succeeding trustee
in successi permanent, shall hold the properties so conveyed
and all other things, real and personal, which may since or
hereafter be acquired, from the rents and with the profits and
for the uses and purposes which are hereby declared as follows:
First, That the trust shall be known for the wealth club and
the title of the trustee hereunder shall be "Trustee of the wealth
club" and such description shall apply to such person or
persons as may of time time be the trustee hereunder.
Second, The trust shall terminate at the expiration of
twenty (20) years from the date hereof, if not sooner terminated
by four-fifths part or as hereafter provided.
Third, The trustee permanent shall hold the aforesaid
real estate as tenant as such trustee, and any other
property, real and personal hereafter acquired under this trust
for the benefit of them. First, Caleb Brain of Rhode Island and Nathan
R. Hale, both of the City, County and State of New York and
John F. Greenleafs of Providence District County Massachusetts,
and S. Bruce of Wakefield middle sex County Massachusetts,
and Robert A. Dixon of Providence County of Providence
and State of Rhode Island and each of their heirs parents or persons
as may be by assignment other otherwise assign from said
beneficiaries or either of them, the whole or any part of the
respective interest as may be then, the beneficiaries
shall have no right real or personal in the trust property
they and in specified they shall have no right to call
for any partition, but their interest shall be personal property,
and such right shall be assignments of division and of
outrights and other rights in the trust property as herein
set forth. The death of a beneficiary shall not operate to terminate the trust, nor
shall it entitle the legal representative of the deceased
beneficiary to an account or to take any action at
law or in equity or otherwise against the shareholders
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or trustees, but the spectators, administrators or assignees of the deceased
shall succeed to all rights of said deceased beneficiary under this Trust
Fourth. The trustees moreover shall have full power and
authority as follows: (A) To pay all reasonable taxes and assessments upon
all properties at any time held in trust hereunder, (B) To represent the
beneficiaries in all suits, or legal proceedings relating to the trust estate
in any court of law and equity, or other bodies by tournament, (C) To
place and alter such buildings or improvements on the real estate
conveyed to him by the said Ernest L. Chapman, or any other real estate
which may be acquired by the trustee moreover, (D) To sell and
convey either at public devise of any properties, real or personal, or otherwise
contract in relation to the said trust for trusty, and all other properties
thereof, may from time to time from part of the trust properties, or any
part thereof in such manner as they in their discretion of said trust seem
best, and to make receipts, acknowledgments and deeds in the name of
said trust all necessary deeds, covenants, agreements and other written
instruments relating to said trust full and complete, and without any
specification necessary, any other instrument which the trustee or with
individual and on any part of said trust, if it is in said trustee either
at public auction or private sale, free and discharged of all trust
(E) To purchase and clear to pay for out of any funds or property in the
hands of the trustee hereafter, other real estate and personal property
in addition to that conveyed at aforesaid by said Ernest L. Chapman,
the same to be held subject to the terms of this trust (F) To have the
seizure and absolute control and management of said trust
property, to pay and collect all sums of money, to make all
divises of money or property among the beneficiaries hereunder,
and to do all other things which may in the discretion of
any trustee moreover seem necessary and proper for the
protection, management use, lease and sale of the trust estate
and property for the best interest of said beneficiaries.
(G) No trustee hereafter shall in any event be required to visit
or ask for information from any court or from any beneficiary
or beneficiaries hereunder, but shall act at all times according
to his discretion, (H) Any purchase, mortgage or pledge from the
trustee shall be in any way bound to be to the application
of the purchase money or consideration that the deed, mortgage
or other instrument of the trustee solely created should be a
the good root in law and equity to said purchaser, mortgagee
or pledgee.
Further, The Trustee shall have in his power to bind
the beneficiaries personally, and in every contract
whether oral or written, into which he shall enter,
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318
therein shall be made to this declaration of Trust and that
this person so incorporated in accordance with the Trustees shall look
unto the Trust fund and property for payment under such
contract or in possession of any debts damages judgments or decrees
of court in value they may arrive as same due or payable
as occasion may arise that in the event of Trustees to perform such
contract either in whole or in part and that the Trustees may the
beneficiaries present or future shall personally or independently
bear the trust.
Sixth The present or any succeeding Trustees hereunder
may appoint as and successor trustees this declaration and any
Trustee under this succession may resign his trust at any
time and a declaration in writing setting forth the fact
of such appointment and resignation and the acceptance
of the trustee named in such succeeding Trustee duly executed
and recorded in records of deeds in the town of Charlestown
said record shall be evidence sufficient of such resignation
and of the authority of such succeeding Trustee to act.
The present or any succeeding Trustees hereunder may appoint
a co trustee with full power to act as trustee under this
succession and the certificate of such appointing Trustees
may be recorded and recorded in the records of deeds in the town
of Charlestown Rhode Island shall be conclusive evidence of
his authority of such person so to act.
Seventh In the case of the death resignation or removal
of any Trustee under this instrument without appointing his
successor as provided herein the beneficiaries may appoint a
succeeding Trustee and a certificate stating forth such
appointment and the acceptance of the trustee hereunder by each
succeeding Trustee so appointed signed sealed and delivered
or made in the form of acknowledgments there shall be
conclusive of such appointment and whenever the
Trust estate shall vest in such new Trustee with all the powers
given to the original Trustee and in case the post of
Trustee hereunder shall be vacant for thirty (30) days at any
Trustee may be appointed by the Judge of Probate of Washington
county upon application of any interested person.
Eighth Any Trustee under this trust may at any
time terminate the Trust by a conveyance of all the Trust
property and distribution of the same and a declaration in such
conveyance that it is done for that purpose or by a partition
of the Trust property among the beneficiaries for the purposes
Ninth The person holding the beneficial interest
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319
under this Trust shall assign, sell or transfer said interest to any
person or corporation, corporations or otherwise without the unanimous consent
of the beneficiaries herewith named. A beneficiary may, however, convey his
interest to me or one of the beneficiaries hereunder. No trustee
under this instrument shall be required to give bond, nor shall he be
liable for his mistakes or be held liable in any court except for
his own willful default in performing a breach of trust
hereof. The undersigned, relatedly named, named as trustees
hereby signify their acceptance of the trusts hereinbefore set forth and
the said Ben J. Field, John W. Goodland and Ralph R. Mabie, John P.
Ovensier and Fred Rowan hereby assent to act as trustees and clerk
In witness whereof the said Trustees and the said subscribers
hereto set their hands and seals this seventeenth day of April, AD 1923.
Ben J. Field [seal]
W. H. Goodland [seal]
Ralph R. Mabie [seal]
Albert A. Ovensier [seal]
John P. Ovensier [seal]
Fred Rowan [seal]
State of New York, County of Greene April 18th 1923
Then personally appeared the above named Ben J. Field, Albert
Goodland and Ralph R. Mabie, and severally acknowledged the foregoing
instrument to be their free act and deed before me
Fred M. Judson [seal]
Notary Public for the State of New York
my commission expires March 1st 1934
State of Massachusetts
County of Suffolk May 1, 1924
Then personally appeared the above named Albert A. Ovensier,
and acknowledged the foregoing instrument to be his free act
and deed before me
Maurice S. Gurnick S.S.
Notary Public
my commission expires April 1929
State of Massachusetts
County of Suffolk May 1, 1924
Then personally appeared the above named John P. Ovensier and
Fred Rowan, and severally acknowledged the foregoing instrument to
be their free act and deed before me
Maurice S. Gurnick S.S.
Notary Public
my commission expires April 12, 1927
Received for record July 29, 1924 at 2-15 p.m. Vol 89
and Recorded by George Coombe Town Clerk
The page as recorded
