Cahoon Will: It Calls for a Library in Cahoon Park

Bay Village residents with questions about a new Bay Branch of the Cuyahoga County Public Library to be built in Cahoon Park may find the answers they seek by simply reading the Will.

Written in 1917, the Will only prohibits “boating, bathing, games or sports” on Sundays. It also calls for a library and museum. Here is the Will (relevant to the library questions):Bay Village Logo

WILL OF IDA MARIA CAHOON

EDITOR’S NOTE: Following are parts of the will of Ida Maria
Cahoon, dated June 16, 1917, concerning Bay Village.
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 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 member 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 one of these 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 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-THREE deals with sale of property and directing Cleveland Trust Co., trustee to dispose of as follows.
ITEM TWENTY-FOUR: I hereby authorize and direct by 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, of this by said will upon the trust hereafter named and provided, that my said trustee divide said trust fund 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 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 successors 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 and in that event, I direct that my said trustee herein named pay the income of said Funds to the said 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 on 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.
IDA MARIA CAHOON
DATE June 16, 1917
32317-UHSJMC-VascularScreening

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