BURNHAM PARK GIFT |
In 1911 the Burnham Family gave its generous gift of Burnham Park to the Town of Morristown and carefully articulated their vision for this land. Their intentions and eloquence resonate in the following excerpts from the original deed, the amended deed, published comments by the original donors and letters from their descendants.
Deed Restrictions
1st Deed
In 1911, Frederick and Catherine Burnham donated the park to the Town of Morristown with deed restrictions specifying that the Town hold the Park in trust as a public park with the additional caveat:
"... as a part of the consideration of this deed of conveyance ... no portion of said tract of land nor any erections that may now be thereon or may hereafter be placed thereon shall be used for any game of ball or any other game or amusement attended by noise or uproar": and that Morristown "shall and will thoroughly improve, regulate and care for said park and premises preserving as much as possible its natural state as woodland and afford all proper care and protection to the same and to all persons who may visit it."
2nd Deed
In 1914 an amended deed was issued to allow for some ball playing under very specific conditions, including:
By accepting the change and the new deed, the Town bound itself, its successors and assigns "to fully keep, on its part, said conditions and restrictions" as stated above. In order to further insure Morristown's adherence to these terms, the deed included a reverter clause enabling the heirs to legally reclaim the park should they consider the Town to have violated its side of the agreement.
Statement of Intent
The Burnhams further elaborated on their intent with this statement, addressed to then Mayor of Morristown, Hon. Arthur S. Pierson and published in the Daily Record on April 21, 1911:
Dear Sir:
For some three or four years Mrs. Burnham and myself have been discussing the plan of giving a piece of ground, fitted for the purpose, to the Town of Morristown, for a Public Park. In our judgment this should be situated so near the green as to be within easy walking distance of the residences of our town, especially of those which have not much land surrounding them.
Our idea has been that this ground should be used not as a playground for the benefit of noisy ball games or such other games as are attended by noise and uproar, but rather as a place where tired families can, during the spring, summer and autumn days, obtain that refreshment which is only obtainable apart from the noise and [con]fusion of a crowd.
We have thought that such a piece of ground should contain twenty-five or thirty acres available for walks, resting places, with cool spring water, ponds and streams, where the pleasures of fishing, and boating could be had, and fine trees under whose wide spreading branches mothers could take their children and find the rest and enjoyment which such a park would afford....
Reaffirmation
In 1976 the Town of Morristown approached the Burnham heirs seeking to further amend the deed to permit the addition of more sports facilities in the park. The grandson of Frederick Burnham refused to amend the deed and wrote back to Ms. Eileen M. Cornell, then attorney for the Town of Morristown. This excerpt from his letter explain the Burnham Family's love of history, of nature and their special feeling for this park.
My grandfather loved the land, the trees, and the ponds, and he thought it was important for the town, which he also loved, to have these thirty green acres preserved for people of all ages whose recreation was not restricted to organized sport. The deed giving the park to the town stated that the park management should be concerned "preserving as much as possible its natural state as woodland." If this was important then, it is doubly so now.
Deed Restrictions
1st Deed
In 1911, Frederick and Catherine Burnham donated the park to the Town of Morristown with deed restrictions specifying that the Town hold the Park in trust as a public park with the additional caveat:
"... as a part of the consideration of this deed of conveyance ... no portion of said tract of land nor any erections that may now be thereon or may hereafter be placed thereon shall be used for any game of ball or any other game or amusement attended by noise or uproar": and that Morristown "shall and will thoroughly improve, regulate and care for said park and premises preserving as much as possible its natural state as woodland and afford all proper care and protection to the same and to all persons who may visit it."
2nd Deed
In 1914 an amended deed was issued to allow for some ball playing under very specific conditions, including:
- "That no ball playing shall, under any circumstances whatever, be allowed on said grounds or the Park on the first day of the week, called Sunday.
- That the games so played shall be confined to boys and youths, and in no case shall professionals be permitted to play.
- That there shall be erected upon said premises no fence, gateway or other structure.
- That at none of said games shall there be charged or accepted by anyone an entrance or attendance fee.
- That said games shall be, as far as possible, kept free from noise, uproar and confusion."
By accepting the change and the new deed, the Town bound itself, its successors and assigns "to fully keep, on its part, said conditions and restrictions" as stated above. In order to further insure Morristown's adherence to these terms, the deed included a reverter clause enabling the heirs to legally reclaim the park should they consider the Town to have violated its side of the agreement.
Statement of Intent
The Burnhams further elaborated on their intent with this statement, addressed to then Mayor of Morristown, Hon. Arthur S. Pierson and published in the Daily Record on April 21, 1911:
Dear Sir:
For some three or four years Mrs. Burnham and myself have been discussing the plan of giving a piece of ground, fitted for the purpose, to the Town of Morristown, for a Public Park. In our judgment this should be situated so near the green as to be within easy walking distance of the residences of our town, especially of those which have not much land surrounding them.
Our idea has been that this ground should be used not as a playground for the benefit of noisy ball games or such other games as are attended by noise and uproar, but rather as a place where tired families can, during the spring, summer and autumn days, obtain that refreshment which is only obtainable apart from the noise and [con]fusion of a crowd.
We have thought that such a piece of ground should contain twenty-five or thirty acres available for walks, resting places, with cool spring water, ponds and streams, where the pleasures of fishing, and boating could be had, and fine trees under whose wide spreading branches mothers could take their children and find the rest and enjoyment which such a park would afford....
Reaffirmation
In 1976 the Town of Morristown approached the Burnham heirs seeking to further amend the deed to permit the addition of more sports facilities in the park. The grandson of Frederick Burnham refused to amend the deed and wrote back to Ms. Eileen M. Cornell, then attorney for the Town of Morristown. This excerpt from his letter explain the Burnham Family's love of history, of nature and their special feeling for this park.
My grandfather loved the land, the trees, and the ponds, and he thought it was important for the town, which he also loved, to have these thirty green acres preserved for people of all ages whose recreation was not restricted to organized sport. The deed giving the park to the town stated that the park management should be concerned "preserving as much as possible its natural state as woodland." If this was important then, it is doubly so now.
