The Last Will and Testament of Ida Maria Cahoon, granddaughter of the first family in Bay Village, specified that the cemetery be forever maintained. Ida had an interest in the cemetery because her grandparents, the first settlers of Bay Village, and her entire immediate family, consisting of her parents and all of her siblings, were interred there.
A portion of “Item 21” in the will of Ida Cahoon reads: “The Lakeside Cemetery situated west of said land on Lot Numbers Ninety-three (93) and Ninety-four (94) in the Village of Bay, in which lie buried many early settlers, is to be sacredly cared for and if need be, protected upon the North by stone wall, but never to be removed from its present location.
“If any of the conditions be violated or said Mayor or Village Council refuse to accept said trust, then and in that event, I give, devise and bequeath the land and Real Estate, in this item named and described to the Board of Trustees of the School Teachers Pension Fund of Cleveland, Ohio, and their successors in office forever as a home for the use of the retired Teachers of the Public Schools of the City of Cleveland, Ohio .”
THE LAST WILL AND TESTAMENT
OF
IDA MARIA CAHOON
OF
IDA MARIA CAHOON
I, Ida Maria Cahoon, of the Village of Bay, County of Cuyahoga and State of Ohio, being about sixty-five years of age and of sound and disposing mind and memory, do make, publish and declare this my last will and testament, hereby revoking and annulling any and all wills by me made heretofore!
ITEM FIRST: My will is that all my just debts and funeral expenses be paid out of my estate as soon after my decease as shall be found convenient:
ITEM SECOND: I give, devise and bequeath to Dr. Clifton Dalton Fills of . Cleveland, Ohio, the sum of Three Thousand Dollars, ($3000.00) and I direct that the same be paid to him as soon as convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM THIRD: I give, and bequeath to Annie P. Taintor of Minneapolis, Minnesota, the sum of Twenty-five Hundred Dollars, ($2,500.00) and I direct that the sum be paid to her as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM FOURTH: I give, devise and bequeath to Walter F. Wright of Cleveland, Ohio, the sum of Three Thousand Dollars ($3000.00) and I direct that the same be paid as soon as convenient after my decease to have and to hold to him and his heirs and designs forever.
ITEM FIFTH: I give, devise and bequeath to Alanson F. Hitsman of Orlando, Oklahoma, the sum of Three Thousand Dollars, ($3000.00) and I direct that the same be paid to him, as soon a convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM SIXTH: I give, devise and bequeath to Leverett J. Cahoon of Avon, Ohio, the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid to him as soon as convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM SEVENTH: I give, devise and bequeath to Leverett Cahoon Aldrich of Ashtabula, Ohio, the sum of Five Hundred Dollars, ($500.00) and I direct that the same be paid to him as soon as convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM EIGHTH: I give, devise and bequeath to Louis Cahoon Wright of Cleveland, Ohio, the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid to him as soon as convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM NINTH: I give, devise and bequeath to Margaret Cahoon F. Wright of Cleveland, Ohio, the sum of Five Hundred Dollars, ($500.00) and I direct that the sum be paid as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM TENTH: I give, devise and bequeath to Mary Louis Hollenbach of Cleveland, Ohio, the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid to her as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM ELEVENTH: I give, devise and bequeath to Maria Bush Cahoon of Elyria, Ohio, the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid to her as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM TWELFTH: I give, and devise and bequeath to Emma Paul Pope of Bay Village, Ohio, the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid to her as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM THIRTEENTH: I give, and devise and bequeath to olive Paul Bailey, of Bay Village, Ohio the sum of Five Hundred Dollars ($500.00) and I direct that the same be paid her as soon as convenient after my decease to have and to hold to her heirs and assigns forever.
ITEM FOURTEENTH: I give, and devise and bequeath to Mrs, William Jameson of Bay Village, Ohio, the sum of Five Hundred Dollars, ($500.00) and I direct that the same be paid as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM FIFTEENTH: I give, devise and bequeath to William Jameson of Bay Village, Ohio, the sum of Three Hundred Dollars ($300.00) and I direct the same be paid to him as soon as convenient after my decease to have and to hold to him and his heirs and assigns forever.
ITEM SIXTEENTH: I give, devise and bequeath to the Trustees of the First Methodist Episcopal Church of Bay Village, Ohio, and their successors in office the sum of Three Thousand Dollars, ($3000.00) as an endowment fund for said church and I direct that the same be invested and re-invested by said trustees in good sage interest bearing securities and that the interest only thereof be used for the support and maintenance of said church. And I direct that said be paid trustees as soon as convenient after my decease to have and to hold the same upon the trust herein named forever.
ITEM SEVENTEENTH: I give, devise and bequeath to Anna C. Havenner of Santa Barbara, California, the sum of Two Hundred Dollars, ($200.00) and I direct that the same be paid as soon as convenient after my decease to have and to hold to her and her heirs and assigns forever.
ITEM EIGHTEENTH: I give, devise and bequeath to Frank C. Sites of the Village of Bay, Cuyahoga County, Ohio, as an appreciation of his faithful and efficient services through many years the following described real estate situated in the Village of Bay, Ohio, County of Cuyahoga and State of Ohio, and known as being a part of original lot Number eight-five (85) bounded and described as follows: On the north by the north line of said lot Number eight-five (85); on the east by the center of the Cahoon Road; on the south by the center of the Osborn Road; and on the west by the west line of said lot Number eight-five (85) and containing about thirty-five (35) acres of land be the same more or less, to have and to hold to him and his heirs and assigns forever.
ITEM NINETEENTH: I give, devise and bequeath to Margaret Jones of 3524 East 75th Street, Cleveland, Ohio, the following described real estate situated in the Village of Bay, County of Cuyahoga, and State of Ohio, and known as being part of original lot Number eighty-five (85) bounded and described as follows: Beginning in the center of Cahoon Road as the southeast corner of land is said Lot Number eighty-five (85) now owned by me, which, is also the northeast corner of the right-of-way of F. Hagedorn; thence westerly on the north line of said right-of-way two hundred ninety and two-thirds (290 2/3) feet; thence north one hundred and fifty (150) feet; thence east parallel to the north line of said right-of-way to the center of Cahoon Road; thence southerly in the center of the Cahoon Road to the place of beginning containing about one (1) acre of land be the same more or less to have and to hold to her and her heirs and assigns forever.
ITEM TWENTIETH: I give, devise and bequeath to Emma Paul Pope and olive Paul Bailey of the Village of Bay, Cuyahoga County, Ohio, in equal portions share and share alike during their natural lives and to the survivor during her natural life the use of the following described real estate being the house and lot where they now reside bounded as follows: On the south by the south line of lot Number ninety-five (95) on the west by the center of the Cahoon Road; on the north by a line parallel with the south line of said lot Number ninety-five (95) and ten (10) feet north of the following dwelling house now standing on said land; and on the west by a line parallel to the Cahoon Road and easterly therefrom to the place where the level land meets the top of the bank of the Cahoon Creek. At the death of both said Emma Paul Pope and Olive Paul Bailey the land in this item described shall become a part of the Cahoon Memorial Park as in item twenty-one (21) hereinafter provided.
ITEM TWENTY-ONE: I give, devise and bequeath to the Mayor and Council of the Village of Bay, Cuyahoga County, Ohio, and their successors in office in trust for the citizens, people and Village of Bay the following described real estate situated in the Village of Bay, County of Cuyahoga and State of Ohio, and known as being all of original lot Number Ninety-five (95) owned by me at the time of my decease and not hereinbefore or hereafter disposed of, (together with the land and real estate described in Item 20 after the death of both Emma Paul Pope and Olive Paul Bailey) said land and real estate in this Item of my will named shall be forever used as a park for the citizens and Village of Bay and shall be forever known and named Cahoon Memorial Park in honor of the memory of the
Cahoon family which made the first settlement in the township of Dover, Cuyahoga County, Ohio, at this place on October 10, 1810, to have and to hold said land and property in this Item named to said Mayor and Council and their successors in office forever under the trust herein provided.
I hereby direct that the dwelling house now standing on said land and which was built in 1818, shall be forever maintained and used as a library and Museum.
The income from the cultivated land and from the houses and buildings on said real estate shall be expended yearly in keeping in order and improving the Park and buildings standing on said real estate.
This gift to the Mayor and Council of the Village of Bay is made with the following conditions:
That said Park shall at all times be properly policed.
That no boating, bathing, games or sports shall be permitted on said Park or property on Sunday.
That no intoxicating liquors shall ever be bought, sold or used upon said premises nor shall gambling in any form be permitted or allowed thereon.
The Lakeside Cemetery situated west of said land on Lots Numbers Ninety-three (93) and Ninety-four (94) in the village of Bay, in which lie buried many early settlers, is to be sacredly cared for and if need be protected upon the North by stone wall, but never to be removed from its present location.
If any of these conditions be violated or said Mayor or Village Council refuse to accept said trust, then and in that event, I give and bequeath the land and Real Estate, in this Item named and described to the Board of Trustees of the School Teachers Pension Fund of Cleveland, Ohio, and their successors in office forever in trust to said trustees, their successors in office forever as a home for the use of the retired Teachers of the Public Schools of the City of Cleveland, Ohio.
ITEM TWENTY-TWO: I do hereby nominate and appoint the Cleveland Trust Company of Cleveland, Ohio, my trustee to manage, control, invest and reinvest in good, safe, interest bearing securities, the trust fund hereinafter named and provided.
I hereby authorize and empower, said The Cleveland Trust Company my Trustee to act as such without giving bond therefor and I authorize the Court of Probate to onit and excuse the same in pursuance of the Statute.
ITEM TWENTY-THREE: I do hereby nominate and appoint Walter E. Wright of Cleveland, Ohio, executor of this my last will and testament, hereby authorizing and empowering him to compromise, adjust, release and discharge in such manner as shall seem best to him any and all claims or demands due and owing to me.
I do further authorize and empower my said executor to sell at public or private sale at such price or prices and upon such terms as shall seem best to him any portion or portions or all of the several pieces of land owned by me and known as twenty-five and eight hundredths (25.08) acres in Lot Number Eighty-six (86) and forty-seven and fifty-nine hundredths (47.59) acres in Lot Number eighty-four (84) in the Village of Bay, Cuyahoga County, Ohio, and all other lands that I may die seized of, not hereinbefore specifically disposed of. And I further authorize my said executor to make, execute and deliver a deed or deeds of any or all of my said real estate in parcels or as a whole to the purchaser or purchasers thereof without any order of the court to do the same.
I further authorize, empower and direct my said executor to sell at public or private sale any and all personal property that I may have at the time of my decease at such price or prices and upon such terms as shall seem best to him without any order of Court to do the same.
I further authorize and direct my said executor that out of any money that I may have at the time of my decease, and out of the proceeds of the sale of my personal property and the proceeds of the sale of my real estate which my executor is authorized and directed by this will to sell after paying the costs of administration of my estate, he pay any and all indebtedness that I may owe at the time of my decease and any mortgage or mortgages that may then be a lien upon any of my land or property.
And that he pay for the marker at my grave and the markers at the graves of my two sisters Lydia E. Cahoon and Laura E. Cahoon and for the marker at the grave of my sister-in-law, Mrs. Thomas H. Cahoon, as hereinafter provided and that he pay each and all of the specific money bequests, in this will named.
The remainder of the proceeds of my personal property and the proceeds of the land and real estate authorized to be sold as aforesaid, my executor is hereby authorized and directed to pay over to the Cleveland trust Company, my trustee herein named to be disposed of by my said trustee as hereinafter provided.
ITEM TWENTY-FOUR: I hereby authorize and direct my said trustee, The Cleveland Trust Company, to receive from my said executor the residue of the proceeds of my estate as provided in Item 23, as this my said will upon the trust hereinafter named and provided, that my said trustee divide said trust into two equal parts and that said trustee invest and reinvest said two equal parts in such good, safe and interest bearing securities as shall seem best to it. And that one of the said funds shall be known as the Cahoon Memorial Park Fund and that the other fund shall be known as the “Library of Dover by the Lake Fund”.
I hereby authorize and direct said trustee to pay to the Mayor and Council of the village of Bay, Cuyahoga County, Ohio, and their successors in office, or their duly authorized agent the net income from the Cahoon Memorial Park Fund, quarterly, or as shall be agreed between said trustee and the Mayor and the Council of the Village of Bay, which said income shall be used by the Mayor and Council aforesaid, for the purpose of maintaining and beautifying said Cahoon Memorial Park and for the expense of caring for, guarding and protecting said park.
I further direct that the income from the “Library of Dover by the Lake” Fund as hereinbefore provided shall be paid over to the Mayor and Council of said Village of Bay and their sucessors in office or their duly appointed agent, as soon and whenever a library is established in the Cahoon Homestead.
And that said income shall be used to buy books, maintain, support and care for said library. I further direct that if the Mayor and Council of the Village of Bay or their successors in office refuse to accept the trust as provided in Item 21 of this Will, or violate the provisions of said trust, so that the property therein named goes to or reverts to the Board of Trustees of the School Teachers’ Pension Fund of Cleveland, Ohio, then in that event, I direct that my said trustee herein named pay the income of said Funds to the Board of Trustees of the School Teachers’ pension Fund of Cleveland, Ohio, to be used for the support and maintenance of said home for the retired teachers of the Public Schools, of the City of Cleveland, Ohio.
ITEM TWENTY-FIVE: I hereby direct and request that steps be taken by said Mayor and Council of the Village of Bay, to enlist the attention of Mr. Andrew Carnegie and solicit his help and assistance in establishing and maintaining said library.
I hereby give and bequeath to the “Library of Dover by the Lake”, herein intended to be created, all my books, pictures, and I request that the family portraits and best pictures be placed therein on the walls of said Cahoon Homestead, and be forever maintained therein.
I do hereby authorize and empower and direct the Mayor and Council of the Village of Bay, and their successors in office to cause the buildings of said Cahoon Memorial Park property to be insured in reliable and responsible Insurance Companies, and pay the premiums therefor out of the income of the Cahoon Memorial Park Fund as hereinbefore provided.
ITEM TWENTY-SIX: I hereby authorize and direct ny said executor, Walter F. Wright, to cause a marker to be placed at my grave in the Lakeside Cemetery, hereinbefore mentioned, with suitable inscription thereon, and that he cause markers to be placed at the graves of my two sisters, Lydia E. Cahoon and Laura E. Cahoon and at the grave of my sister-in-law, Mrs. Thomas H. Cahoon, with suitable inscription on each, and cause the date of my death and the dates of the death of my sisters to be placed on the Cahoon Monument, if said markers have not been placed at the graves of my sisters and sister-in-law before my decease, and if said inscription be not made on said monument and that he pay for the same out of any funds that shall come into his hands belonging to my estate.
I hereby direct that no bond be required of my executor herein named and I,request the Court of Probate to omit and excuse the same in pursuance of the Statute.
I further direct that no inventory or appraisal be made of my household goods or personal property and I request the Court of Probate to omit and excuse the same in pursuance of the Statute.
IN TESTIMONY WHEREOF I have set my hand to this my last will and testament, at Bay Village, this 16th day of June, in the year of our Lord one thousand nine hundred and seventeen.
Ida Maria Cahoon
The foregoing instrument was signed by the said Ida Maria Cahoon in our presence, and by her published and declared as and for her last will and testament, and at her request, and in her presence, and in the presence of each other, we hereunto subscribe our names as attesting witnesses, at the Village of Bay, this 16th day of June A. D. 1917.
Henry Wischmeyer, resides at Bay Village, Ohio
David J. Nye, resides at Elyria, Ohio
David J. Nye, resides at Elyria, Ohio