APPENDIX C
TRANSFER OF SPIEGEL GROVE TO THE STATE OF
OHIO AND ENDOWMENT OF THE HAYES ME-
MORIAL LIBRARY AND MUSEUM AND OF
THE HAYES HOMESTEAD.
Early in 1898 the trustees of the Ohio State Archaeological and
Historical Society, of which Rutherford B. Hayes was president at
the time of his death, learned that the Hayes family, in memory of
their parents, were ready to give Spiegel Grove with its in-
valuable collection of historical papers and books to the society,
provided a fund were created the income of which should in-
sure its perpetual preservation and care. Thereupon the society
sent out the following "confidential circular":
The Trustees of the Ohio State Archaeological and Historical
Society, having learned that it might be possible for it to obtain
the title to and possession of the property known as "Spiegel
Grove," the home of the late President Rutherford B. Hayes,
conferred with the family concerning this purpose. In the effort
to secure this property it is believed the society will meet with
hearty endorsement from the numerous friends of President
Hayes, who have expressed their desire to see this property pre-
srved as a memorial to one of the noblest and greatest of Ohio's
citizens. In this project the society is most deeply interested,
not only because its object is the promotion and preservation of
all that is of historic value to our State, but more particularly in
this instance, because President Hayes was one of the originators
of the society, for many years one of its most ardent friends and
supporters, and at the time of his death, January 17, 1893, its
honored president. The officers of the society finally obtained
from the family the proposition published with this circular. This
offer of the family is unusual for its liberality and most worthy
of commendation for the filial desire it expresses to perpetuate
this memorial to loved and honored parents.
(270)
OFFER OF SPIEGEL GROVE TO STATE 271
This proposition of the family of President Hayes, the trus-
tees of the society would most willingly accept, and the society
through its officers is prepared to make every possible endeavor
to bring about a consummation of the plan proposed.
It should be clearly understood in this proposition, that the
family receive no compensation for the property specified, but
deed it to the society upon the condition, viz: That twenty-five
thousand dollars be raised and permanently invested as a fund, the
income of which will insure the proper care and preservation of
this property under the custodianship of the society.
It is proper to state that the Ohio Historical Society was in-
corporated March 13, 1885, and the Hon. Allen G. Thurman was
its first president; it is the official historical society of the State,
six of its trustees being appointed by the governor. For years
the society has been the custodian of Ft. Ancient, the largest and
best preserved and most interesting remains of the Mound Build-
ers now extant. The Historical Society is therefore not only
the proper organization to carry out the plan above outlined, but
indeed is, perhaps, the only instrumentality through which this
praiseworthy purpose may be accomplished.
The place known as Spiegel Grove is of great historical interest,
being located ill the old Indian Reservation or Free Territory
maintained by the Indian tribes at the Lower Rapids of the
Sandusky River for a long period prior to the Revolutionary
War. Near the centre of the reservation, Ft. Stephenson was
built just prior to the War of 1812 and became famous by
reason of its gallant defense by Major George Croghan against
the combined assaults of the land and naval forces of Great
Britain under Procter and Indians under Tecumseh on the 1st
and 2nd of August, 1813. The old Harrison Trail, so-called, a
military road leading from Ft. Stephenson to Ft. Seneca, and
then south, passes through the grove and is preserved as the
principal driveway.
Of all the homes of our twenty-four Presidents, covering a
period of one hundred and ten years, the only ones that have
been preserved are those of Washington, at Mt. Vernon; Jeffer-
son, at Monticello; Madison, at Montpelier; Jackson, at the Her-
mitage, and Lincoln's modest home in the city of Springfield.
272 RUTHERFORD BIRCHARD HAYES
All of these are now in the hands of private societies, although
in some instances assistance has been had from their respective
States. But in every case mentioned, more or less time has
elapsed before the homes were secured and put in a state of
preservation, and few or no personal relics or memorials were
secured. Spiegel Grove is now in a perfect state of preservation,
and all of the valuable historical effects of President Hayes re-
main there intact. Unquestionably this is the largest and most
complete and perhaps most valuable collection of documents,
papers, and books, ever left by any of our Presidents. President
Hayes was a great reader and a man of scholarly tastes and at-
tainments. He acquired the finest library of American history
perhaps owned by any private individual, and during his public
life he preserved all papers and memoranda in an orderly and
accessible form. All of this material will be at the service of
students and scholars if this plan of the society can be carried
out. It is certainly a rare opportunity, such as seldom comes to
any State or organization. The citizens of Ohio, the friends of
President Hayes, and the students of American history cannot
afford to do otherwise than endorse and assist in this project of
the society and the family of President Hayes.
E. O. RANDALL,
Secretary.
R. BRINKERHOFF,
President.
PROPOSITION OF THE FAMILY OF PRESIDENT HAYES
CLEVELAND, OHIO, April 2, 1898.
To General R. Brinkerhoff, President Ohio Archaeological and
Historical Society:
DEAR SIR:--Our father, Rutherford B. Hayes, by the second
clause of his will, devised his home, known as Spiegel Grove, in
the following language:
"I give and bequeath the home place known as Spiegel Grove,
and all the personal property connected therewith, to Birchard
A., Webb C., Rutherford P., Fanny, and Scott R. Hayes, to be
by them held in common, without sale or division, but in case of
OFFER OF SPIEGEL GROVE TO STATE 273
sale or division the same to belong equally to my said children
or their heirs."
Ever since our father's death, we have cared for Spiegel Grove
and occupied it at least during the summer months as a family
homestead. It is difficult to estimate the actual value of the
Spiegel Grove property. Suffice it to say that, for purposes for
which we do not wish to dispose of it, we have been offered a
considerable sum. We have long cherished the idea that we
would like in some way to make this place a memorial to our
father and mother, and we have been gathering articles of his-
torical interest and storing them at Spiegel Grove or placing
them for safe keeping in the Birchard Library at Fremont, which
our father founded in memory of his uncle. If Spiegel Grove is
to be a memorial as we wish, we desire to have it placed in such
control that it will always be properly cared for and be a place
in which every one interested in such matters, and especially in
this memorial, can take pride. We desire, therefore, to make the
following proposition through you to your society:
If the Ohio Archaeological and Historical Society, or some of
its members, will procure a fund of at least twenty-five thousand
($25,000.00) dollars to be set aside and managed in such a way
that the principal shall not be encroached upon, but the income
from it be devoted to preserving and caring for the Spiegel
Grove property, our sister and ourselves will undertake to con-
vey to your society, or an organization which we shall agree
upon, all of said Spiegel Grove property located within the city
limits of Fremont, Ohio, and containing about twenty-five acres,
together with the personal relics, curios, paintings, and property
now in the home place in Spiegel Grove, excepting therefrom
the library Americana. All of the personal property above
mentioned to be kept perpetually on the Spiegel Grove premises.
If a suitable fire-proof building should be erected upon the
property at some time in the future, we would hope to make
such arrangements with your society that it would become pos-
sessed of the library Americana, and would add to it the curios
and relics now loaned to the Birchard Library, and such other
historical relics as we might secure from time to time.
We would desire upon our part that so long as any of us
18
274 RUTHERFORD BIRCHARD HAYES
live, that we could at such times as we saw fit, have the privi-
lege of occupying with our families the house, or a portion of it,
now in Spiegel Grove.
We have thought it might be advisable to form a new corpora-
tion kindred to or affiliated with your society which should have
the immediate charge of Spiegel Grove. The trustees of the
new corporation to be named or designated by your society, and
we to be upon the board so long as we should care to be.
Very respectfully,
BIRCHARD A. HAYES,
WEBB C. HAYES,
RUTHERFORD P. HAYES,
SCOTT R. HAYES.
Letters approving the proposition follow:
EXECUTIVE MANSION, WASHINGTON, April 25, 1898.
MY DEAR SIR: - My attention has recently been called to the
possibility of the trustees of your society obtaining ownership
of the property known as "Spiegel Grove," the home of the late
President Hayes.
The offer made by the family is one which will appeal to the
public spirit of the citizens of Ohio. So historic an estate, with
its wealth of associations and interest, and an exceedingly im-
portant collection of books and documents, should be saved
to the State of Ohio and placed within the reach of all to whom
their use will be of great value and inspiration.
For these reasons it is a pleasure to me to lend my encourage-
ment to this laudable undertaking.
Very sincerely yours,
WILLIAM McKINLEY.
DEPARTMENT OF STATE, WASHINGTON, April 22, 1898.
MY DEAR SIR: - I have read with interest the very liberal offer
of the family of the late President Hayes of their father's home-
stead known as "Spiegel Grove," together with the many his-
torically valuable books, papers, and curios which he gathered
FIRST DEED OF GIFT TO STATE 275
together during his lifetime. The collection is a most valuable
one and the control of it by our Ohio Historical Society is cer-
tainly very desirable. There are but four or five "homes of the
Presidents" preserved at the present time, and I trust there will be
no difficulty in raising the endowment fund so that "Spiegel
Grove" may be secured by your society.
Very truly yours,
JOHN SHERMAN.
GENERAL R. BRINKERHOFF,
PRESIDENT OHIO ARCHAEOLOGICAL AND HISTORICAL SOCIETY,
Columbus, Ohio.
The society, however, did not succeed in raising the required
endowment, and the entire Spiegel Grove estate, library, and
collections, became in 1899 the property of Colonel Webb C.
Hayes, by deed from the other heirs for money advanced to the
estate. In order to insure the permanent preservation of the por-
tion of the ancient Indian trail from Lake Erie to the Ohio
River running through the grove, Colonel Hayes in March, 1909,
deeded some ten acres of Spiegel Grove to the Stateof Ohio. A
copy of the deed of gift follows:
DEED FOR THE HARRISON TRAIL STATE PARK, A
PORTION OF SPIEGEL GROVE-THE
FIRST TEN ACRES.
KNOW ALL MEN BY THESE PRESENTS, THAT WEBB C. HAYES,
unmarried, in consideration of the covenants hereinafter con-
tained and of one dollar ($1.00) to him paid by the State of
Ohio, the receipt whereof is hereby acknowledged, does hereby
bargain, sell and convey to the said State of Ohio for the use and
benefit of the Ohio State Archeological and Historical Society
and its successors forever, the real estate in the City of Fremont,
County of Sandusky, and State of Ohio, bounded as follows:
Commencing at the intersection of the centre lines of Hayes
Avenue and Buckland Avenue, thence westerly along the centre
line of Hayes Avenue, a distance of four hundred and twenty-
three (423) feet, thence south two degrees and thirteen minutes
276 RUTHERFORD BIRCHARD HAYES
west (2 degree 13' W), and at right angles to Hayes Avenue, a distance
of one hundred and seventy-five (175) feet to an iron pin; thence
south forty-six degrees and five minutes west (46 degree 05' W), a dis-
tance of five hundred and twenty-six (526) feet to an iron pin;
thence north eighty-six degrees and fifteen minutes west (86 degree 15'
W), a distance of three hundred and fifty-five and two-tenths
(355.2) feet to an iron pin; thence south twenty-six degrees and
forty-two minutes west (26 degree 42' W), a distance of two hundred
and fifty-two and nine-tenths (252.9) feet to an iron pin; thence
south seventy-seven degrees and ten minutes west (77 degree 10' W),
a distance of three hundred and eighty-five and eight-tenths
(385.8) feet to the west corporation line of Fremont; thence
southerly along said west corporation line a distance of five
hundred and fifty-four (554) feet to its intersection with the cen-
tre line of Buckland Avenue, thence northeasterly along said
centre line of Buckland Avenue to the place of beginning, con-
taining ten and seventy-seven hundredths (10.77) acres, more or
less; together with the privileges and appurtenances to the same
belonging.
TO HAVE AND TO HOLD the same to the said State
of Ohio for the use and benefit of the Ohio State Arch-
aeological and Historical Society so long as said premises
shall be maintained and used as a state park in which the
old French and Indian trail along the Sandusky-Scioto wa-
ter course from Lake Erie to the Ohio River, later known
as the Harrison Military Trail of the War of 1812, shall be
preserved in its present location and maintained as a drive,
and in which the trees, shrubs, and flowers now growing
in said park shall be preserved and cared for, and together
with such other trees, shrubs, and flowers as may hereafter
be planted in said park shall be properly marked with the
scientific and common name so as to be instructive and in-
teresting to visitors.
The grantor reserves the right to transfer the remains of
Rutherford B. Hayes and Lucy W. Hayes to the knoll in the
premises hereby conveyed in Spiegel Grove to be placed in a
granite block beneath the monument heretofore designed and
erected by Rutherford B. Hayes in Oakwood Cemetery, Fremont.
FIRST DEED OF GIFT TO STATE 277
The said monument, together with such improvements as
shall be placed around it, shall be preserved and maintained
forever, but no building or structure, save the monument,
other than a suitable enclosure from the public roads, or
around the monument, shall be erected in said park with-
out the consent in writing of the grantor.
The descendants of Rutherford B. Hayes shall have free access
at all times to this monument, and a right of way through said
park over the Harrison Trail to the residence in Spiegel Grove.
In the event said premises cease to be used and cared for
as a state park, or in the event the above conditions or any
of them are not observed or performed, then the premises
hereby conveyed shall revert to and vest in the grantor,
his heirs or assigns.
The grantor hereby covenanting that the title so conveyed is
clear, free and unincumbered, and that he will warrant and de-
fend the same against all claims whatsoever.
IN WITNESS WHEREOF, the said Webb C. Hayes hereunto sets
his hand this 30th day of March, A. D. 1909.
Signed and acknowledged in the presence of B. A. Hayes, Paul
J. Ragan. WEBB C. HAYES.
Recorded in Volume 85, pages 416 and 417, Sandusky County
Records.
The within deed is approved as being correct in form.
W. H. MILLER,
First Asst. Att'y Gen'l.
DEED FOR SECOND TEN ACRES OF SPIEGEL GROVE
KNOW ALL MEN BY THESE PRESENTS, THAT WEBB C. HAYES,
unmarried, in consideration of the covenants hereinafter con-
tained and of one dollar ($I) to him paid by the State of Ohio,
the receipt whereof is hereby acknowledged, does hereby bargain,
sell and convey to the said State of Ohio for the use and benefit
of the Ohio State Archaeological and Historical Society and its
successors forever, the following described real estate a portion
of Spiegel Grove, and,
278 RUTHERFORD BIRCHARD HAYES
SITUATED in the City of Fremont, County of Sandusky, State
of Ohio, and known as being part of outlot No. 117 and bounded
and described as follows:--Beginning in the centre of Hayes
Avenue at the northwest corner of a parcel of land heretofore
conveyed by the said grantor to said grantee by deed dated
March 30, 1909, and duly recorded in the Records of Deeds of
Sandusky County, Ohio; thence southerly along the westerly line
of land so conveyed as aforesaid a distance of one hundred and
seventy-five (175) feet; thence westerly and parallel with the
centre line of Hayes Avenue, a distance of eight hundred (800)
feet to a point; thence southerly and parallel with the west cor-
poration line of Fremont to a point where the fourth (4th)
course or line of the premises heretofore conveyed by the said
grantor to said grantee, if extended westerly, would intersect
same; thence easterly to the point where the said fourth (4th)
course and fifth (5th) course in the former deed above men-
tioned intersect each other; thence south twenty-six (26) de-
grees forty-two (42) minutes west, a distance of two hundred
and fifty-two and nine-tenths (252-9/10) feet to an iron pin;
thence south seventy-seven (77) degrees ten (Io) minutes west
a distance of three hundred and eighty-five and eight-tenths
(385.8/Io) feet to the west corporation line of Fremont; thence
northerly along said west corporation line to the centre line
of Hayes Avenue; thence easterly along the said centre line of
Hayes Avenue to the place of beginning, containing about ten
(10) acres of land more or less, but subject to all legal highways,
which with the premises heretofore conveyed comprises about
twenty (20) acres of land so conveyed for a state park.
To HAVE AND TO HOLD the same to the State of Ohio for the
use and benefit of the Ohio State Archaeological and Historical
Society so long as said premises together with other premises
heretofore conveyed by said grantor to said grantee shall be
maintained and used as a state park in which the old French
and Indian trail along the Sandusky-Scioto water course from
Lake Erie to the Ohio River, later known as the Harrison Trail
of the War of 1812, shall be preserved in its present location and
maintained as a park drive together with park drives in the
above described premises substantially as now located, and in
SECOND DEED OF GIFT TO STATE 279
which the trees, shrubs, and flowers now growing in said park
and Spiegel Grove shall be preserved and cared for, and together
with such trees, shrubs, and flowers as may hereafter be planted
in said park and Spiegel Grove shall be properly marked with
the scientific and common names, so as to be instructive and
interesting to visitors.
The State of Ohio having authorized the establishment of ad-
ditional normal schools for the education, instruction, and train-
ing of teachers, and Spiegel Grove being of great historical in-
terest and the home of Rutherford B. Hayes, who during his
official life did much for the cause of education, devoting the last
twelve years of his life to that and kindred philanthropic subjects,
and having collected a library of valuable books, papers, and doc-
uments, which the grantor desires to make available through the
Ohio Archaeological and Historical Society to students and others,
and it being the desire of said grantor that one of said schools
may be located adjacent to Fremont, Ohio, and Spiegel Grove,
where those who attend or are connected with such school may
have the advantages of said library and museum.
Now, in the event that such school shall be so located, it is
agreed beween grantor and grantee that the officers, teachers,
and students of said school shall have free access to Spiegel
Grove and to the library and museum building herein mentioned
as if the same were a part of the grounds, library and museum
of the school, but under suitable rules and regulations to be
prepared by the grantee. The grantor also agrees to cause to
be erected a stone stile, or other suitable entrance, for pedestrians
so as to afford easy access from said school to Spiegel Grove
with its library and museum and through said grove, over the
Harrison Trail, to the city of Fremont.
The grantor in a prior conveyance has reserved the right to
transfer the remains of Rutherford B. Hayes and Lucy Webb
Hayes to the knoll in the premises heretofore conveyed by him
in Spiegel Grove, to be placed in a granite block beneath the
monument heretofore designed and erected by Rutherford B.
Hayes in Oakwood Cemetery, Fremont, Ohio.
The said grantor also reserves to himself, his heirs and assigns
a building site in the premises hereby conveyed, which building
280 RUTHERFORD BIRCHARD HAYES
site is to be situated approximately opposite the Jefferson Street
entrance, upon which site there shall be erected a suitable fire-
proof memorial building for the purpose of preserving and for-
ever keeping in Spiegel Grove all papers, books, and manuscripts
left by the late Rutherford B. Hayes, which building shall also
be in the form of a reference library and museum, and the con-
struction and decorations of said building shall be in the nature
of a memorial to the soldiers, sailors, and pioneers of Sandusky
County, and suitable memorial tablets, busts, and decorations
indicative of the historical events and patriotic citizenship of
Sandusky County shall be placed in and on said building, and
said building shall forever remain open to the public under proper
rules and regulations to be hereafter made by the society or other
organization having charge of said building.
The said monument, together with such improvements as shall
be placed around same, shall be preserved and maintained for-
ever, but no building or structure save the aforesaid memorial
building, the monument and a suitable enclosure from the public
roads or around said monument, shall be erected in said Spiegel
Grove without the consent in writing of said grantor.
The descendants of Rutherford B. Hayes shall forever have
free access at all times to the aforesaid monument and a right
of way over the above described premises to the family residence
in Spiegel Grove.
In the event said premises cease to be used and cared for as
a state park, or in the event the above conditions or any of them
are not observed or performed, then the premises hereby con-
veyed shall revert to and vest in the grantor, his heirs or assigns.
The grantor hereby covenanting that the title so conveyed is
clear, free and unincumbered, and that he will warrant and de-
fend the same against all claims whatsoever.
IN WITNESS WHEREOF, the said Webb C. Hayes hereunto sets
his hand this 10th day of March, A. D. 1910.
WEBB C. HAYES.
Signed and acknowledged in the presence of Fanny Hayes
Smith, B. A. Hayes.
Recorded in Volume 90, pages 593-96, Sandusky County Rec-
ords.
THIRD OR TRUST DEED 281
THIRD OR TRUST DEED BY WEBB C. HAYES, TO IN-
SURE THE EVENTUAL TRANSFER OF SPIEGEL
GROVE, AS A MEMORIAL TO HIS PARENTS.
KNOW ALL MEN BY THESE PRESENTS, That I, Webb C. Hayes,
single, the grantor, in consideration of one dollar ($1.00) and
other good and valuable considerations to me in hand paid by
Webb C. Hayes, Fanny Hayes Smith, and Birchard A. Hayes,
Trustees, the Grantees, receipt of which is hereby acknowledged,
do hereby remise, release and forever convey to the grantees,
their successors and assigns forever the following described real
estate in Spiegel Grove:--
SITUATED in the City of Fremont, County of Sandusky, State of
Ohio, and comprising all of that part of outlot No. 117 known as
Spiegel Grove, except those parts thereof heretofore conveyed by
the said grantor to the State of Ohio for a state park, which
excepted parcels are more particularly described in two (2) cer-
tain deeds, duly recorded in the Records of Deeds in Sandusky
County, Ohio. The premises hereby intended to be conveyed
comprise about five (5) acres of land, more or less, but subject
to all legal highways.
And for the consideration aforesaid the grantor also conveys
to the said grantees, their successors and assigns, all the personal
property which formerly belonged to Rutherford B. Hayes and
Lucy Webb Hayes or either of them, located in said Spiegel
Grove or elsewhere in the City of Fremont, Ohio.
To HAVE AND TO HOLD the above described premises with all
the appurtenances hereunto belonging unto the said grantees,
their successors and assigns forever, subject, however, to the
trusts and consideration, hereinafter in this deed expressed.
Ever since the death of Rutherford B. Hayes and Lucy Webb
Hayes, it has been the desire of their children to place Spiegel
Grove, which for many years was their home into such hands and
under such conditions as would make it a fitting memorial from
their children to a beloved father and mother. In partial accom-
plishment of this desire the said grantor has heretofore conveyed
to the State of Ohio portions of the aforesaid Spiegel Grove,
which portions so conveyed are to be held by the State of Ohio
282 RUTHERFORD BIRCHARD HAYES
for the use and benefit of the Ohio State Archeological and His-
torical Society so long as the premises shall be maintained as a
state park in which the old French and Indian Trail along the
Sandusky water course from Lake Erie to the Ohio River, later
known as the "Harrison Military Trail of the War of 1812,"
shall be preserved in its location and maintained as a park drive
together with the park drives in the above described premises sub-
stantially as now located, and in which the trees, shrubs, and
flowers now growing in said park and Spiegel Grove shall be pre-
served and cared for, and together with other trees, shrubs, and
flowers as may be hereafter planted in said park and Spiegel
Grove shall be properly marked with their scientific and common
names so as to be instructive and interesting to visitors. In order
to completely carry out the intentions of said grantor so that ul-
timately all of Spiegel Grove may be held and used for the pur-
poses aforesaid, and the residence therein preserved in its original
condition as a typical American home of the last half of the nine-
teenth century and used for residential purposes only, the said
grantor has executed and delivered this conveyance to the afore-
said grantees and it is his intention to so vest title in the aforesaid
grantees so as to fully authorize and empower the said grantees,
their successors and assigns to convey the aforesaid premises to
the Ohio State Archaeological and Historical Society, or to the
State of Ohio as trustee for the aforesaid society, but in the
conveyance of said premises to the said society or to the State
of Ohio as trustee for said society, there shall be inserted in sub-
stance the following covenants and conditions:-
First: That the said the Ohio State Archaeological and His-
torical Society shall secure the erection upon that part of Spiegel
Grove heretofore conveyed to the State of Ohio for a state park
a suitable fire-proof building on the site reserved opposite the Jef-
ferson Street entrance for the purpose of preserving and forever
keeping in Spiegel Grove all papers, books, and manuscripts left
by the said Rutherford B. Hayes, together with such articles and
property belonging to the said Rutherford B. Hayes as are now
loaned or stored with the Birchard Library Association or else-
where in Fremont, Ohio, including also such articles and property
of the grantor as may have been loaned or stored by the said
THIRD OR TRUST DEED 283
grantor with the Western Reserve Historical Society of Cleve-
land, Ohio, or the Birchard Library Association of Fremont,
Ohio, which building shall be in the form of a branch reference
library and museum of the Ohio State Archaeological and His-
torical Society, and the construction and decoration of the said
building shall be in the nature of a memorial also to the soldiers,
sailors, and pioneers of Sandusky County; and suitable memorial
tablets, busts, and decorations indicative of the historical events
and patriotic citizenship of Sandusky County shall be placed in
and on said building, and said building shall forever remain open
to the public under proper rules and regulations to be hereafter
made by said society.
Second: Any conveyance of the described premises shall re-
serve to the said grantor during his lifetime and to his nominee,
appointed as hereinafter provided and to the remaining grantees
and to their nominees and to the successors of said nominees as
hereinafter appointed after said grantor's death the right of oc-
cupying the residence now located upon the premises hereinbefore
described at such times as he or they see fit to occupy same. Upon
the death of Birchard A. Hayes, his son, Webb C. Hayes II, shall
have the right of occupancy of said premises in place of said
Birchard A. Hayes, and the further right shall be given Webb C.
Hayes II to nominate in writing a person to succeed him in such
right of occupancy and such right of nomination shall descend to
any subsequent occupant of said residence nominated by the said
Webb C. Hayes II, or any succeeding nominee, provided, however,
that if the said Webb C. Hayes I shall die before the death of the
said Birchard A. Hayes, said Birchard A. Hayes shall have the
right of nomination and such right shall succeed to future nomi-
nees in the same way as if the original nomination had been made
by the said Webb C. Hayes II.
Upon the death of Fanny Hayes Smith, her son Dalton, shall
have the right of occupancy of said premises in place of the said
Fanny Hayes Smith, and the further right shall be given to said
Dalton to nominate in writing a person to succeed him in such
right of occupancy and such right of nomination shall descend to
any subsequent occupant of said residence nominated by the said
Dalton or any succeeding nominee, provided, however, that if the
284 RUTHERFORD BIRCHARD HAYES
said Dalton shall die before the death of said Fanny Hayes Smith,
said Fanny Hayes Smith shall have the right of nomination and
such right shall succeed to future nominees in the same way as if
the original nomination had been made by the said Dalton.
The said grantee, Webb C. Hayes, shall have the right to nom-
inate in writing a person to succeed him in the occupancy of said
residence and such right of nomination shall descend to any sub-
sequent occupant of said residence nominated by the said Webb
C. Hayes, or any succeeding nominee. The nominee of said Webb
C. Hayes shall have the right of exclusive occupancy of said resi-
dence after his death, or occupancy in common with others as may
be designated in the instrument appointing such nominee, and if
exclusive occupancy is given by said instrument such occupancy
shall be prior to that of any other person.
No person except a husband or a wife of the above named gran-
tees shall be nominated or given the right of occupying said resi-
dence in the manner aforesaid unless he or she shall be a lineal de-
scendant of the said Rutherford B. Hayes and Lucy Webb Hayes.
If at any time there shall be no one living selected in the manner
aforesaid to occupy said residence, then the trustees of the Ohio
State Archaeological and Historical Society shall have the right to
select a lineal descendant of said Rutherford B. Hayes and Lucy
Webb Hayes to use and occupy said residence; but said residence
shall never be occupied or used for any other than residential pur-
poses only, to the end of preserving it in its original condition as a
typical American home of the last half of the nineteenth century.
The foregoing matter contained in this second paragraph shall
not preclude the occupancy of a suitable portion of said residence
by a caretaker during the absence of those who by the terms of
this paragraph are given the right of occupancy in said home.
If, however, the said Ohio State Archaeological and Historical
Society shall not consent to receive the conveyance of the above
described premises substantially in the terms hereinbefore set
forth and shall not provide for the erection of the said fire-proof
building within a period of three (3) years, from the date of this
instrument, then full right, power and authority are hereby given
to the said grantees, their successors and assigns to convey the
aforesaid premises to such other society or organization as in
THIRD OR TRUST DEED 285
the judgment of said grantees, their successors or assigns, will
carry out the object and purpose of making the aforesaid prem-
ises a memorial to the said Rutherford B. Hayes and Lucy Webb
Hayes upon substantially the terms and conditions hereinbefore
in this instrument expressed.
In the event of the death of any of the above named grantees
before the accomplishment of the trust purposes in this deed set
forth, then the person who by the terms of this deed would have
the right of occupancy of said premises as successor to the one
so becoming deceased shall also succeed such deceased one as
trustee under the terms of this deed and shall be vested with all
rights, powers, and duties which have heretofore been conferred
upon the one so becoming deceased. It is the intention of the
grantor herein that the persons entitled to the occupancy of said
residence and the trustees hereunder shall be the same persons.
Until the conveyance of the above described premises shall have
been made by the said grantees, the said grantor reserves to him-
self and, after his death, reserves to the remaining grantees, the
right of occupancy of the above described premises and upon the
death of any of said grantees, the right of succession to the occu-
pancy of said premises shall devolve upon the persons and in the
manner heretofore indicated.
IN WITNESS WHEREOF I have hereunto set my hand this 12th
day of March, A. D. 1910.
WEBB C. HAYES.
Signed, acknowledged and delivered in the presence of L. H.
Stofer, H. D. Messick.
Recorded in Volume 114, pages 83-6, Sandusky County Rec-
ords.
FOURTH DEED FOR THE HAYES HOMESTEAD, WITH
PERSONAL PROPERTY AND FIVE ACRES, THUS
COMPRISING ALL OF SPIEGEL GROVE
KNOW ALL MEN BY THESE PRESENTS that we, Webb C. Hayes
and Mary Miller Hayes, his wife, Fanny Hayes Smith and Harry
Eaton Smith, her husband, Birchard A. Hayes and Mary Sherman
286 RUTHERFORD BIRCHARD HAYES
Hayes, his wife, the grantors herein, for the consideration of one
dollar ($1.00) and other good and valuable considerations here-
inafter mentioned, to us paid by the State of Ohio, receipt
of which is hereby acknowledged, do hereby remise, release and
forever convey and quit claim unto the State of Ohio, the follow-
ing described real estate in Spiegel Grove, to wit:
Situated in the City of Fremont, County of Sandusky, State of
Ohio, and comprising all of that part of outlot No. 117, known
as Spiegel Grove, except those parts thereof heretofore conveyed
by said Webb C. Hayes to the State of Ohio for a state park,
which excepted parcels are more particularly described in two (2)
certain deeds, duly recorded in the Records of Deeds in Sandusky
County, Ohio. The premises hereby intended to be conveyed
comprise about five (5) acres of land, more or less, but subject
to all legal highways.
Also for the consideration aforesaid, the said grantors hereby
convey to the said State of Ohio all the personal property which
formerly belonged to Rutherford B. Hayes and Lucy Webb
Hayes, or either of them, and now located in Spiegel Grove or
elsewhere in the City of Fremont, Ohio.
To HAVE AND TO HOLD the above described premises with all
the appurtenances thereunto belonging unto the said grantee for-
ever, subject, however, to the trusts and conditions hereinafter in
this deed expressed.
WHEREAS, on the 12th day of March, A. D. 1910 Webb C.
Hayes conveyed to Webb C. Hayes, Fanny Hayes Smith, and
Birchard A. Hayes, as trustees, the above described property with
the express stipulation and condition that the same should be con-
veyed to the State of Ohio when the said the State of Ohio or the
Ohio State Archaeological and Historical Society, acting for it,
should secure the erection upon that part of Spiegel Grove here-
tofore conveyed to the said State of Ohio for a state park, of a
suitable fire-proof building on the site reserved opposite Jefferson
Street entrance, and when the said the State of Ohio should as-
sume and agree to perform the certain and sundry other covenants
and conditions fully mentioned and set out in the said deed, and;
WHEREAS, the said State of Ohio did on May 31st, 1911, appro-
FOURTH DEED GIVING ALL TO STATE 287
priated fifty thousand dollars ($500,000.00) for the purpose
aforesaid, and accepted and confirmed that said grant; and
WHEREAS, the said the State of Ohio has at various times sub-
sequently thereto made further and other appropriations for the
purpose of erecting said Hayes Commemorative Library and Mu-
seum Building, and for the annual care of Spiegel Grove State
Park and Hayes Commemorative Library and Museum Building,
and for the purpose of carrying out and fully performing the
terms and conditions of the said deed; and,
WHEREAS, the said Hayes Library and Museum Building is
now practically completed and the other terms and conditions
precedent to the conveying of said property to the State of Ohio,
have by the said State of Ohio been fully performed or provided
to be performed;
Now, THEREFORE, the said Webb C. Hayes, Fanny Hayes
Smith, and Birchard A. Hayes, as trustees as hereinbefore men-
tioned, do by these presents hereby GIVE, GRANT, BARGAIN, SELL
AND CONVEY unto the said the State of Ohio the above and fore-
going described property.
To HAVE AND TO HOLD the above granted and bargained prem-
ises with the appurtenances thereunto belonging unto the said
the State of Ohio, free and clear from all encumbrances whatso-
ever and subject only to the following conditions, to wit:
That the said premises hereby granted shall be maintained in
connection with the premises heretofore granted by the said Webb
C. Hayes to the State of Ohio by two certain deeds, one dated
March 30th, 1909, and recorded in the Records of Deeds of San-
dusky County, Ohio, on April 5th, 1909 in volume 85, page 416,
and the other dated March 10th, 1910 and recorded in the Rec-
ords of Deeds of Sandusky County, Ohio, in volume 90, page
593, as a state park in which the old French and Indian Trail
along the Sandusky-Scioto water course from Lake Erie to the
Ohio River, later known as the "Harrison Military Trail of the
War of 1812," shall be presented in its present location and main-
tained as a park drive together with the park drives in the above
described premises substantially as now located, and in which the
trees, shrubs, and flowers now growing in said park and
Spiegel Grove, shall be preserved and cared for, and together
288 RUTHERFORD BIRCHARD HAYES
with other trees, shrubs, and flowers as may be hereafter planted in
said park and Spiegel Grove shall be properly marked with their
scientific and common names, so as to be instructive and interest-
ing to visitors.
That the residence so long occupied by Rutherford B. Hayes
and Lucy Webb Hayes, located on the premises described, shall be
preserved in its present condition and maintained as a typical
American home of the last half of the nineteenth century, and
shall be used for residential purposes only, and the building and
contents shall be kept sufficiently insured to secure restoration in
case of damage.
This conveyance is made subject to the further conditions and
covenants:
First. The said State of Ohio or the Ohio State Archaeological
and Historical Society as the custodian of said premises hereby con-
veyed, shall secure and place in the said Hayes Commemorative
Library and Museum Building all papers, books, and manuscripts
left by the said Rutherford B. Hayes, together with such articles
and property belonging to the said Rutherford B. Hayes as are
now loaned to or stored with the Birchard Library Association
or elsewhere in Fremont, Ohio, including also such articles and
property of said Webb C. Hayes as may have been loaned or
stored by the said Webb C. Hayes with the Western Reserve His-
torical Society of Cleveland, Ohio, or the Birchard Library Asso-
ciation of Fremont, Ohio, and said building shall be maintained
as a branch reference library and museum of the Ohio State
Archaeological and Historical Society of Ohio, and as a memorial
to the soldiers, sailors, and pioneers of Sandusky County, and
suitable memorial tablets, busts and decorations indicative of the
historical events and patriotic citizenship of Sandusky County
shall be placed in and on said building; and said building shall
forever remain open to the public under proper rules and regula-
tions to be hereafter made by the said State of Ohio, or the
Ohio State Archaeological and Historical Society.
Second. This conveyance is made upon the further condition
that there is hereby reserved to the said Webb C. Hayes during
his lifetime and to his nominee appointed as hereinafter provided,
and to Birchard A. Hayes and Fanny Hayes Smith and to their
FOURTH DEED GIVING ALL TO STATE 289
nominees and to the successors of said nominees, as hereinafter
provided, after the death of the said Webb C. Hayes and of his
nominee, the right of occupying the residence now located upon
the premises herein conveyed at such times as he or they see fit
to occupy the same. Upon the death of Webb C. Hayes and his
nominee and upon the death of Birchard A. Hayes, Webb C.
Hayes II shall have the right of occupancy of said premises and
shall have the further right to nominate in writing a person to
succeed him in such right of occupancy, and such right of nomi-
nation shall descend to any subsequent occupant of said premises
nominated by the said Webb C. Hayes II or any succeeding nomi-
nee, provided, however, that if the said Webb C. Hayes II shall
die before the death of said Birchard A. Hayes, then the said
Birchard A. Hayes shall have the right of nomination and such
right shall succeed to future nominees in the same way as if the
original nomination had been made by the said Webb C. Hayes II.
Upon the death of Fanny Hayes Smith her son Dalton shall have
the right of occupancy of said premises in place of the said Fanny
Hayes Smith, and the further right shall be given to the said
Dalton to nominate in writing the person to succeed him in such
right of occupancy, and such right of nomination shall descend to
any subsequent occupant of said residence, nominated by the said
Dalton, or any succeeding nominee, provided, however, that if the
said Dalton shall die before the death of the said Fanny Hayes
Smith, said Fanny Hayes Smith shall have the right of nomina-
tion and such right shall succeed to future nominees in the same
way as if the original nomination had been made by the said Dal-
ton. The said Webb C. Hayes shall have the right to nominate
in writing a person to succeed him in the occupancy of said resi-
dence and said right of nomination shall descend to any subse-
quent occupant of said residence nominated by the said Webb C.
Hayes, or any succeeding nominee, and the said Webb C. Hayes
hereby nominates his wife, Mary Miller Hayes, to succeed him
in the occupancy of said residence, reserving to himself, however,
the right to select another nominee in the event that he shall sur-
vive the said Mary Miller Hayes.
No person except a husband or a wife of the above named
grantees shall be nominated or given the right of occupying said
19
290 RUTHERFORD BIRCHARD HAYES
residence in the manner aforesaid, unless he or she shall be a
lineal descendant of the said Rutherford B. Hayes and Lucy
Webb Hayes. If at any time there shall be no one living selected
in the manner aforesaid to occupy said residence, then the trus-
tees of the Ohio State Archaeological and Historical Society shall
have the right to select a lineal descendant of the said Rutherford
B. Hayes and Lucy Webb Hayes to use and occupy said resi-
dence; but said residence shall never be occupied or used for any
other than residential purposes only, to the end of preserving it
in its original condition as a typical American home of the last
half of the nineteenth century.
The foregoing matter contained in this second paragraph shall
not preclude the occupancy of a suitable portion of said residence
by a caretaker during the absence of those who by the terms of
this paragraph are given the right of occupancy in said home.
Signed and ackowledged.
WEBB C. HAYES,
MARY MILLER HAYES,
FANNY HAYES SMITH,
HARRY EATON SMITH,
BIRCHARD A. HAYES,
MARY SHERMAN HAYES.
Recorded in Volume 114, pages 86-9 of the Records of Deeds
of Sandusky County, Ohio.
STATE OF OHIO,
OFFICE OF THE ATTORNEY GENERAL.
COLUMBUS, May 21, 1920.
DEAR SIR: - In your communication of November 21, 1919,
you indicate that your Society is desirous of having recorded a
certain deed executed by Col. Webb C. Hayes, March 12, 1910,
conveying to certain trustees named therein a part of Spiegel
Grove (about 5 acres) together with certain personal belongings
of Rutherford B. Hayes, said property to be conveyed by said
trustees to the State for the benefit of your Society upon the hap-
pening of certain contingencies, and another deed executed by the
FOURTH DEED GIVING ALL TO STATE 291
said trustees November 27, 1914, conveying said properties to the
State of Ohio in pursuance to the provisions of said deed of trust.
A rather extensive investigation has been made of the various
transactions in connection with the Spiegel Grove matter and it
appears that the Legislature of Ohio in the general appropriation
bill passed May 31, 1911, (102 O. L., page 375) and other acts
since said date, accepted the provisions of the deed of trust here-
tofore referred to, as well as two former recorded deeds convey-
ing a part of Spiegel Grove which were approved in form by At-
torney General Denman.
The abstract for the entire Spiegel Grove tract having been
approved by Attorney General Hogan and he having advised your
Society to follow the provisions of said deed of trust (see Opinion
of Attorney General No. 446, 1912) and as above stated the Leg-
islature having accepted the provisions of the deed of trust, the
only thing required to be done at this time is to deliver said deeds
to the Recorder of Sandusky County for record, after which they
should be left for record with the Auditor of State.
Of course, the only action that the Attorney General is author-
ized to take in this matter at this time is to approve the form of
the said deed executed to the State November 27, 1914, which
approval has been endorsed thereon.
Enclosed herewith you will find the two deeds above referred to
and the abstract. Very respectfully,
JOHN G. PRICE,
ATTORNEY GENERAL
HON. JAMES E. CAMPBELL,
PRESIDENT OHIO ARCHAEOLOGICAL AND HISTORICAL SOCIETY,
Columbus, Ohio.
ENDOWMENT IN TRUST AGREEMENTS
Excerpts from the Hayes Memorial Library and Museum Book
Fund Trust Endowment Agreement of $50,000, "Made and
Entered into this 29th day of January, 1916, by and between
Webb C. Hayes, of Fremont, Ohio, as first party, The Ohio
State Archaeological and Historical Society of Columbus, Ohio,
as second party, and the Citizens Savings and Trust Company,
292 RUTHERFORD BIRCHARD HAYES
of Cleveland, Ohio, [now the Union Trust Company] as third
party," Witnesseth:
That said first party [Webb C. Hayes] has simultaneously with
the execution of this agreement deposited with said third party
[the Union Trust Company] the securities and property de-
scribed in Schedule A hereto attached, and made a part hereof,
and which deposit, and the investments and reinvestments
thereof, are hereinafter in this agreement denominated the trust
estate, and are to be held, treated and disposed of as hereinafter
in this agreement set forth.
Said third party [the Union Trust Company] shall have
custody and control of the trust estate and shall invest and rein-
vest the same in the manner following:
(a) It may loan all or any part of said trust estate in loans
secured by mortgage upon improved real estate located in Cuyahoga
County, Ohio, which real estate shall have an appraised value as
fixed by the regular appraisers employed by said third party
[the Union Trust Company] of not less than double the amount
so loaned.
(b) It may invest and reinvest said trust estate in such man-
ner and form, other than in real estate loans, as to it shall seem
wise. Provided, however, that no investment other than in real
estate loans, in Cuyahoga County, Ohio, as aforesaid, shall be
made by said third party [the Union Trust Company], unless
same shall have been submitted to and received the written ap-
proval of the finance committee of said second party [the Ohio
State Achaeological and Historical Society], which written ap-
proval shall be evidenced by a statement signed by the secretary
or such other officer of said second party [the Ohio State
Archaeological and Historical Society] as said second party may
designate for that purpose, and provided further, that if first
party [Webb C. Hayes] is living, same shall also be submitted
to him and receive his written approval.
* * * * * * * *
After the death of said first party [Webb C. Hayes], and
after the death of said Mary Miller Hayes, then said net income
shall be used for the purpose of adding to the Library Americana
now contained in the building located in Spiegel Grove in the City
ENDOWNMENT TRUST FUND 293
of Fremont, Ohio, known as the Hayes Memorial Library and
Museum, and for acquiring for said library and museum books,
manuscripts, and other articles of historical value, especially those
relating to military events and to Ohio and the Northwest Terri-
tory, all to be perpetually kept in said library and museum
building.
If for any reason said Hayes Memorial Library and Museum
building shall not be properly cared for or kept in repair, then
in the sole discretition of said third party [the Union Trust Com-
pany] such net income or so much thereof as may be necessary
may be used by it for the care, support, and maintenance of said
building, but such permissive use of said net income for the care
and repair of said building shall not be held or construed as
releasing the State of Ohio or any other person or corporation
who are now or who may hereafter be charged with the care
and maintenance of said building. For any money so expended
by the third party [the Union Trust Company] for the care and
maintenance of said building, claim shall be made by the third
party [the Union Trust Company] against those charged with
the care and maintenance of said building and effort made by
it to enforce such claim.
* * * * * * * * * *
In witness whereof the parties have hereunto subscribed their
names to triplicates the day and year first above written.
(Signed) WEBB C. HAYES.
THE OHIO STATE ARCHAEOLOGICAL AND
HISTORICAL SOCIETY
By G. FREDERICK WRIGHT, President.
THE CITIZENS SAVINGS AND TRUST COMPANY
[Now The Union Trust Company]
By G. P. KOELLIKER Secretary.
Excerpts from the Spiegel Grove Trust Fund Real Estate En-
dowment Agreement made and entered into the 9th day of De-
cember, 1916 by and between Webb C. Hayes, first party, and
the Trustee for Spiegel Grove, the Citizens Saving and Trust
294 RUTHERFORD BIRCHARD HAYES
Company (now the Union Trust Company, of Cleveland, Ohio),
second party:
Paragraph Fifth: After the death of said first party [Webb
C. Hayes] and after the death of the said Mary Miller Hayes,
the net income derived from the trust fund shall be used and ap-
plied by said second party [the Union Trust Company] in the
manner following:
(a) If no adequate provision has been made therefor, then
from the net income derived from said trust fund said second party
[the Union Trust Company] shall use so much as in its judg-
ment is necessary to pay the cost and expenses of the proper
care, preservation, maintenance and repair of the residence and
other buildings appurtenant thereto, in Spiegel Grove, Fremont,
Ohio, and the grounds adjajcent thereto, [being the same premises
as were conveyed by Webb C. Hayes et al. to the State of Ohio,
by deed dated November 27, 1914] formerly owned and occupied
by Rutherford B. Hayes, to the end that same may be preserved
in its present condition as a typical American home of the last
half of the nineteenth century. Such care, preservation, mainte-
nance and repair of said residence and other property shall include
among other things the maintenance of fire insurance to the
reasonable insurable value of said residence property and contents,
the restoration of any part of said residence property, including
decorations, furniture, fixtures, rugs, and other furnishings which
may become worn out, damaged, or destroyed, the necessary light,
fuel, and water to make said residence properly habitable at all
times, and such other matters and things as in the judgment of
said second party [the Union Trust Company] may be necessary
to carry out the terms of this paragraph (a). Said second party
[the Union Trust Company] shall have sole charge and direction
as to the manner of expending said amounts for the purposes
aforesaid, provided that if any dispute arises as to whether or not
sufficient is being used for the purposes in this paragraph men-
tioned, then such dispute shall be submitted for decision to the
President of the Ohio State Archaeological and Historical Society
and his decision on same shall be final and binding.
(b) After the care, preservation, maintenance and repair of
LIBRARY BOOK FUND TRUST 295
the residence property in Spiegel Grove, Fremont, Ohio, as set
forth in paragraph (a) above, then the surplus income which
may remain shall be retained by said second party [the Union
Trust Company] and invested and reinvested in the same manner
as hereinbefore it has been provided for the investment of the
principal of said trust fund until such accumulation of net income
shall amount to the sum of ten thousand dollars ($10,000), which
fund shall be designated as the "Reserve Fund," and if at any
time the net income derived from the trust fund created by this
agreement, together with the net income derived from said Re-
serve fund in this paragraph (b) mentioned, shall be insufficient
for the proper care, preservation, maintenance and repair of the
residence property in Spiegel Grove, Fremont, Ohio, as herein-
before provided in paragraph (a), then full right, power and
authority are hereby given said second party [the Union Trust
Company] to use all or any part of said Reserve Fund for the
accomplishment of these purposes, and in the event that any
part of said Reserve Fund shall be so used, then and thereafter
any net income remaining after providing for the purposes set
forth in paragraph (a) hereof shall be retained by said second
party [the Union Trust Company] and added to the principal
of said Reserve Fund until said Reserve Fund shall be restored
to said sum of ten thousand dollars ($10,000). Any income
derived from said Reserve Fund in this paragraph (b) created
not needed for the purposes hereinbefore in this paragraph (b)
mentioned shall be used in the same manner as hereinafter in
paragraph (c) it is provided for the use of the income for the
benefit of the Hayes Memorial Library and Museum Fund.
Subject to the provisions in paragraph (a) of this item fifth,
said second party [the Union Trust Company] shall pay the
insurance premiums on the residence property in Spiegel Grove,
and if such residence property shall wholly or in part be injured
or destroyed, said second party [the Union Trust Company]
shall restore or rebuild it as nearly as possible in its present form,
so as to perpetuate, as hereinbefore planned, "a typical American
home of the last half of the nineteenth century," and the expense
of such restoration or rebuilding shall be paid from the insurance
296 RUTHERFORD BIRCHARD HAYES
money, and if necessary, such portion or all of the Reserve Fund
created by this paragraph (b) as may be required.
(c) Any net income remaining from said trust fund at the
end of each calendar year, not required for the purposes set forth
in paragraphs (a) and (b) above, shall be added to and become
a part of the income derived from a certain trust fund, known
as the Hayes Memorial Library and Museum Fund, created by
agreement dated January 29, 1916, entered into between Webb
C. Hayes, the Ohio State Archaeological and Historical Society
and the Citizens Savings and Trust Company [now the Union
Trust Company], but when so added such additions shall be used
exclusively for the purpose of purchasing books of the same
character described in said agreement of January 29, 1916, under
the conditions therein mentioned as to the purchase of said books.
* * * * * * * * * *
(Signed) WEBB C. HAYES,
and
THE CITIZENS SAVINGS AND TRUST COMPANY,
[Now the Union Trust Company],
By its Vice President and Treasurer.
EXTENT OF COLONEL WEBB C. HAYES'S
BENEFACTION
The tablet in commemoration of the soldiers of Sandusky
County who perished in the Nation's service, placed on the front
of the Hayes Memorial Building at Spiegel Grove, was unveiled
with fitting ceremonies October 4, 1920. The Honorable James
E. Campbell, President of the Ohio State Archaeological and
Historical Society, presided on the occasion. In the course of
his remarks, he paid the following tribute to Colonel Hayes's
filial generosity:-
"I take it upon myself, as president of this society, to relate
publicly and in detail what Colonel Hayes has contributed to this
great patriotic monument, aside from the property itself; and
these facts are due historically, not only to Colonel Hayes, but to
the society and to the people of Ohio.
"Colonel Hayes spent large sums after the legal steps had been
COLONEL HAYES'S GREAT BENEFACTION 297
taken to vest this property in the Ohio Archaeological and
Historical Society, in trust for the State of Ohio. The con-
struction of the Hayes Memorial building cost when completed
over one hundred thousand dollars towards which the State paid
forty-five thousand dollars and also paid ten thousand dollars
for the State's share of the paving of the streets on the three
sides of the Spiegel Grove State Park. Colonel Hayes at various
times, and in numerous ways, in order to complete the building
and bring it to the point of perfection which it has attained, ex-
pended fifty thousand to that end, and to further add to its use-
fulness and beauty as a monument, he has provided for an addition
to the building that will cost at least thirty-five thousand dol-
lars [fifty thousand dollars] the funds for which are now in the
hands of a trustee appointed for that purpose.
"Since Spiegel Grove has been dedicated by Colonel Hayes,
he has placed in the hands of trustees for the benefit of the so-
ciety and the State of Ohio other lands contiguous to the grove
which, when sold, the trustees are to place the proceeds thereof in
a trust fund for the use and benefit of this institution. So far
lands to the value of thirty-five thousand dollars [sixty thousand
dollars] have been disposed of, and that amount is in the hands
of a trustee for the use and benefit of Spiegel Grove, as held by
this society. The land, exclusive of Spiegel Grove, remaining
unsold is worth at least one hundred thousand dollars, the pro-
ceeds of which, upon sale, will be held in trust for the use and
maintenance of the Spiegel Grove park and residence with any
remainder for books for the Hayes Memorial Library.
"On July I of last year Colonel Hayes placed one hundred
thousand in trust to be used in the maintenance and upbuilding
of this patriotic memorial. I am within a conservative estimate
when I state that Colonel Hayes has disposed, for the benefit of
posterity, in the form of the beautiful and attractive property
which you see before you, at least five hundred thousand dol-
lars: two hundred and fifty thousand dollars in cash and securi-
ties for endowment funds, and two hundred and fifty thousand
dollars in real estate and personal property including the library
Americana and collections."
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