Old Mission Mausoleum page of David G. Stuart's family history
The following contract and trust information were found June 2004 at the current Trustee�s office, Bank of America in Wichita, Kansas. The information is interesting in that it shows the lengths that Mr. Saxton went to, to assure that this structure would be taken care of for the next several hundred years. [David Stuart, June 2004]
On May 12, 1920 the American Cemetery Company conveyed to The First Trust Company of Wichita the tract on which Old Mission Mausoleum is located, the tract so conveyed being a portion of Old Mission Cemetery, then owned by the grantor, American Cemetery Company. Contemporaneously, The First Trust Company of Wichita, American Cemetery Company, and George A. Saxton and Charles B. Sims, described as beneficiaries, entered into a Trust Agreement. It recites the intention of Saxton and Sims to build a community mausoleum to be known as "Old Mission Mausoleum" on the tract described in the deed, and states that all crypts and compartments in the mausoleum were to be offered for sale by Saxton and Sims and that the entire proceeds of such sales were to be paid to The First Trust Company of Wichita, as Trustee. From these monies, the Trustee was to pay all of the costs of building the mausoleum and ten per cent of the price for which space was sold was to be used to establish an endowment fund. The fund thus created, together with all additions to it by contribution or devise, was to be perpetually maintained as a permanent endowment, the income from which was to be used exclusively for the care and maintenance of the mausoleum and surrounding grounds. Any portion of the income not required to be so spent was to be added to and become a part of' the endowment fund. The agreement further provided that after the completion of the mausoleum and after all obligations relative to its construction and endowment were fully satisfied, the Trustee should pay, from monies received from the sale of' crypts and compartments in the mausoleum, the excess funds to Saxton and Sims on a two-thirds one-third basis. In all events, however, the permanent endowment fund was to remain in the hands of the Trustee and there was no provision for its reversion or payment over to Saxton and Sims or any other parties or persons.
On March 28, 1923 an Amended and Supplemental Trust Agreement was entered into between The First Trust Company of Wichita, as Trustee, and the American Cemetery Company, and G. A. Saxton. This document refers to the 1920 Trust Agreement and states the desirability of' more particularly defining the rights and obligations of the parties. The interest of Sims had terminated and Saxton was the only so-called beneficiary. The Amended and Supplemental Trust Agreement recites that the Old Mission Mausoleum had been completed and paid for, but that an endowment fund had not been built up in an amount sufficient for the perpetual care and maintenance of the mausoleum. It was stated that the title to the real estate on which the mausoleum was located, and the improvements thereon which included the mausoleum building, should be perpetually and forever held by the Trustee and its successors in trust for the use and benefit of the persons who had or would in the future purchase crypts and space in the mausoleum, and that from the sale of crypts and space the Trustee should retain a sufficient amount of the proceeds to build the endowment fund to $25,000.00.
It was further stated that if any other sums, either by gift, devise or otherwise, should be added to the $25,000.00 endowment fund, such additions should be received and held by the Trustee and its successors in trust, and the income from the entire fund should be available for the exclusive care and maintenance of the mausoleum, for its repair and for the maintenance of insurance on the building. It was specifically provided that the Trustee should be responsible to the owners of crypts and space in the mausoleum for the faithful discharge of these duties and for the safekeeping and accounting of the endowment fund and the income from it, provision being made for the Trustee to make an accounting to the representatives of the crypt owners, and for the participation of these representatives in the procedure for designation of a successor trustee, the power of such designation being, however, vested in the District Court of Sedgwick County, Kansas.
On April 19, 1929 the American Cemetery Company and The First Trust Company of Wichita executed a third trust indenture. The instrument refers to the construction of the original mausoleum building and to a deed dated November 30, 1928 by which the American Cemetery Company conveyed to the trust company a tract in Old Mission Cemetery as a site for the mausoleum. The intention of the cemetery company to construct an addition to the mausoleum is recited, and it is farther stated that title to the real estate on which the mausoleum and all additions to it will be constructed is to be perpetually held by the Trustee and its successors in trust for the use and benefit for the persons who purchased crypts and space in the mausoleum. Further, that ten per cent of the purchase price of all space in the addition to the mausoleum shall be accumulated for the endowment fund, this fund, together with any other sums added to it by gift, devise or from other sources, to be held by the Trustee and its successors in trust, with the income therefrom to be used for maintaining and caring for the mausoleum and keeping it in repair. The Trustee, and its successors in trust, was authorized to employ such persons as might be necessary to care for and maintain the mausoleum, and directed to maintain adequate insurance on the structure. The powers of the perpetual committee selected by space owners in the mausoleum, and described as the "Board of Control" were restated and its duties and obligations with respect to the operation and maintenance of' the mausoleum specifically defined. The agreement further provides that if the Board of Control should fail to function or its membership terminate that the Mayor of the City of Wichita and the Judges of the First and Second Divisions of the District Court of Sedgwick County, acting Jointly, should appoint members of' the Board of' Control, and, if necessary, designate a successor trustee for the endowment fund. The members of the Board were to serve without compensation of any kind.
It is also stated that no part of the income received from the Trustee from the investment of the endowment fund shall be used by or paid to the trustee for any services except its fair and reasonable compensation for its services as Trustee and for the expenditure of monies for the repair and maintenance of the mausoleum.
At about the time the Amended and Supplemental Trust Agreement of March 28, 1923 was executed, owners of' space in the mausoleum were organizers and a Board of Control established to supervise the operation of the mausoleum. The original members of the Board were F. A. Amsden, Howard E. Case and George Theis, Jr. This board, now consisting of five members, has continuous functioned since its establishment, conducted regular meetings, kept minutes of its meetings, and had general supervision over the mausoleum. It has provided for the maintenance of the property and the management of the endowment fund, functioning in cooperation with the Trustee.
In 1938 The First Trust Company resigned as Trustee, this being evidenced by a written resignation dated the 30th of November 1938. At that time, The Fourth National Bank, new The Fourth National Bank and Trust Company of Wichita, was designated as successor trustee, the designation being dated November 29, 1938, and has since continuously served as Trustee.
On December 2, 1938 a Supplemental Trust Agreement was entered into between The Fourth National Bank, as Trustee, and George A. Saxton. It recited that the American Cemetery Company, described in the Supplemental Trust Agreement as "American Cemetery Association" no longer had any interest or rights in the transaction or in arrangements for the operation and maintenance of the mausoleum; that the corners of space in the mausoleum were acting through a Board of Control, and the previous Trust Agreements were referred to and affirmed. It was then recited that Saxton would construct an addition to the mausoleum known as "Unit No. 3" and that this construction, management, operation and maintenance should be subject to regulation by and control under all of the terms and provisions of the prior Trust Agreement. Further, that the purchasers and owners of space in the new Unit No. 3 should likewise have received all of the rights, privileges and benefits of owners of other previously constructed portions of the mausoleum. It was likewise stated that all of the provisions of all trust agreements relating to the endowment and permanent funds for the repair and maintenance of the entire mausoleum should inure to the benefit of owners of space in Unit No. 3.
On July 8, 1952 a Supplemental Trust Agreement was made between Old Mission Mausoleum, Inc. and The Fourth National Bank in Wichita, as Trustee. It recited that Saxton had incorporated his operations under the name of "Old Mission Mausoleum, Inc.", and that this corporation had commenced the construction of' an addition to the mausoleum to be known as "Unit No. 4". The prior trust agreements and supplemental agreements were referred to and it was stated that the purchasers and owners of space in Unit No. 4 should be entitled to all of the rights and privileges of owners of' space in other parts of' the mausoleum and that all of the terms and provisions of all prior and supplemental trust agreements should apply to the new Unit No. 4. In this agreement of July 8, 1952, Old Mission Mausoleum conveyed and transferred to The Fourth National Bank in Wichita, as Trustee, the full legal title to all of the crypts and space contained in said Unit No. 4.
On November 14, 1961, an agreement was made between Old Mission Cemetery, Inc., Old Mission Mausoleum, Inc. and The Fourth National Bank and Trust Company, as Trustee. The agreement recited that Old Mission Cemetery, Inc. owned the property known as "Old Mission Cemetery", that the bank, as Trustee, owned the tract on which the Old Mission Mausoleum was located and that Old Mission Mausoleum, Inc. had a beneficial interest in the unsold crypts in the mausoleum. The purpose of the agreement was to define the rights of ingress and egress to the mausoleum, no easements for such rights having been filed of record. The agreement provided that Old Mission Cemetery, Inc. would record an easement in favor of the Trustee upon and over all of the roadways platted or used within the cemetery for the purpose of securing to the mausoleum and its users and crypt owners a defined right of ingress and egress. An easement in accordance with the agreement, dated November 14, 1961 was executed by Old Mission and filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.
The original mausoleum and the additions to it contain approximately 2,450 crypts. At the present time, less than ten are unsold. George A. Saxton is dead and Old Mission Mausoleum, Inc. was dissolved on June 3, 1963. No further additions to the mausoleum are to be constructed. The endowment fund provides the funds for the maintenance and upkeep of the property, and is used for no other purpose, the Trustee, aided by the Board of' Control, having the sole managerial and maintenance responsibility for the mausoleum.
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