Chap. 138.—An ACT to approve and accept a deed of gift dated February 25,
1932, of the estate known as “Gunston Hall,’ formerly owned by George
Mason, the author of the Virginia declaration of rights, to the Commonwealth
of Virginia from Louis Hertle, subject to a life estate reserved unto the
grantor, said estate to be managed and supervised according to the terms and
conditions therein set forth. [H B 320]

Approved March 15, 1932

Whereas, Louis Hertle, of “Gunston Hall’ on the Potomac in the
county of Fairfax, Virginia, has executed and acknowledged a deed
of gift dated February twenty-fifth, nineteen hundred and thirty-two,
conveying unto the Commonwealth of Virginia, subject to an estate
for his life, the estate known as “Gunston Hall,” which was formerly
the home of George Mason, the author of the Virginia declaration of
rights, said estate to be forever held by the Commonwealth sacred to
the memory of George Mason and to be used and managed as is
set forth in the said deed, which is in the following words and figures:

“This deed made this twenty-fifth day of February, nineteen hun-
dred and thirty-two, by and between Louis Hertle, of ‘Gunston Hall’
on the Potomac in the county of Fairfax, Virginia, widower, party of
the first part, and the Commonwealth of Virginia, party of the sec-
ond part.

“Witnesseth :

“Whereas, the party of the first part is the owner of the estate
known as ‘Gunston Hall’ in the county of Fairfax, Virginia, formerly
owned by George Mason, the author of the Virginia declaration of
rights; and,

“Whereas, it was the wish of Eleanor Doughaday Hertle, the
beloved wife of the party of the first part, that the said estate with
the improvements thereon, including the mansion house which was
the home of George Mason and his wife, Anne Eilbeck, be donated
as a perpetual memorial to the memory of George Mason and in
honor of the principles of just government and civic righteousness ex-
emplified in his life and in his work, with the hope and expectation that
such a memorial will serve to strengthen the adherence of all who may
visit the memorial to the fundamental views on governmental and so-
cial obligations and privileges expressed by him in the declaration of
rights ; and,

“Whereas, the party of the first part is also desirous that such
memorial be established, and he believes it to be fitting that legal
title to said estate and to such a memorial should be perpetually
vested in the Commonwealth of Virginia and forever held by it
sacred to the memory of George Mason, and used and managed as 1s
hereinafter fully set forth;

“Now, therefore, the party of the first part, in order to fulfill the
wishes of his beloved wife and in consideration of his admiration
for George Mason, and in order to accomplish the purpose herein-
above set forth, reserving unto himself and his assigns an estate
for his life in the premises hereinafter described, with full freedom
to alter, repair, improve or deal with the premises as he may think
proper, doth, subject to said estate for his life so reserved, hereby
give, grant and convey unto the party of the second part, to be per-
petually held by it as a memorial to the memory of George Mason,
subject, however, to the terms and conditions hereinafter expressed,
the following described property known as ‘Gunston Hall,’ in the
county of Fairfax, Virginia:

“A tract of land located in Mount Vernon magisterial district,
Fairfax county, Virginia, on which is located Gunston Hall mansion
house, containing five hundred and fifty-five and six hundred and sev-
enty-two one thousandths acres, more or less, with all improvements
thereon and appurtenances thereunto belonging, being the same prop-
erty conveyed to Louis Hertle by Paul Kester by deed dated Decem-
ber twenty-fourth, nineteen hundred and twelve, recorded in the
clerk’s office of the circuit court of Fairfax county, in Liber O, num-
ber seven, page five hundred and eleven. Said property is there de-
scribed as being four tracts of land, one of four hundred and eigh-
teen acres, upon which is located the Gunston Hall mansion house;
one of forty-two and ninety-five-one hundredths acres; one of fifty
acres; and one of one hundred and four acres, a total of six hundred
and fourteen and ninety-five-one hundredths acres, less, however, a
tract of fifty-nine and two hundred and seventy-eight-one thous-
andths acres, together with a fifteen-foot outlet road conveyed to
Paul Wilstach by Paul Kester by deed dated June twentieth, nine-
teen hundred and eleven, and recorded in said clerk’s office in Liber
J, number seven, page four hundred and eighty-three.

“For a detailed description of said four hundred and eighteen-acre
tract and of said fifty-acre tract, reference is hereby made to said
deed from Kester to Hertle, and to a plat thereof made by W. Gil-
lingham, surveyor, which is attached to and recorded with deed
from Edward P. Specht to Adelaide R. Specht, dated August twenty-
first, nineteen hundred and seven, and recorded in said clerk’s of-
fice in Liber X, number six, page five hundred and fifty-seven.
“For a detailed description of said forty-two and ninety-five-one
hundredths-acre tract reference is hereby made to said deed from
Kester to Hertle, and to a plat thereof made by J. Owens Berry and
Company, which is attached to and recorded with deed from Lucy
Wood Ferguson and George O. Ferguson, her husband, to Adelaide
R. Specht dated July twenty-fifth, nineteen hundred and one, and re-
corded in said clerk’s office in Liber H, number six, page six hundred
and fifty-two.

“For a detailed description of said one hundred and four-acre
tract reference is hereby made to said deed from Kester to Hertle.
The southern line of said one hundred and four-acre tract is a part
of the northern line of said four hundred and eighteen-acre tract.

“For a detailed description of said fifty-nine and two hundred
and seventy-eight-one thousandths-acre tract reference is hereby
made to said deed from Kester to Hertle, and to said deed -from
Kester to Wilstach, and to a plat dated June fourteenth, nineteen hun-
dred and eleven, made by Dallas Berry, surveyor, attached to and
recorded with said last mentioned deed. Reference is hereby made to
the fact that the fifteen-foot outlet road from said fifty-nine and two
hundred and seventy-eight-one thousandths-acre tract to the county
road which was as aforesaid conveyed to Wilstach by Kester, was
relocated by deed between Louis Hertle and Eleanor D. Hertle, his
wife, and Francis M. Wigmore and Jesse R. Wigmore, his wife,
dated March third, nineteen hundred and twenty-two, recorded in
said clerk’s office in Liber W, number eight, page five hundred and
thirty-nine, a plat of such relocated road, made by A. T. Hyde, dated
July eighteenth, nineteen hundred and twenty-one, is attached thereto
and recorded therewith.

“Reference is likewise made to the fact that by deed from Eleanor
A. C. Mason, by Alexander Innis, her attorney in fact and G. Mason
Graham to Wm. Merrill and Wm. L. Dawson dated August first,
eighteen hundred and sixty-six, recorded in Liber G, number four,
page two hundred and forty-seven in said clerk’s office, there was
reserved unto the parties of the first part the family grave yard,
with the right of way thereto and therefrom for themselves, or any
persons, whose kindred are or may be interred therein, and it was
agreed that the cedar trees surrounding the grave yard should never
be cut down or disturbed.

“The terms and conditions to which this gift, grant and con-
veyance shall be subject are:

“First. This deed shall be of no effect whatsoever unless and un-
til it shall have been approved and accepted on behalf of the Com-
monwealth of Virginia by an act of its general assembly.

“Second. The memorial hereby created shall be managed and su-
pervised by a board of regents, to be known as “The board of re-
gents of Gunston Hall.’ Said board shall consist of not less than
eighteen women, one of whom shall be the president of The Society
of the Colonial Dames of America in the State of Virginia, a cor-
poration chartered by act of assembly, March seventh, eighteen hun-
dred and ninety-four, commonly known as The Colonial Dames of
America in the State of Virginia, and being one of the corporate
societies of The National Society of the Colonial Dames of America;
the others of whom shall be appointed by the governor of Virginia,
upon nomination of The National Society of the Colonial Dames of
America, for such term, not exceeding ten years, as may be pre-
scribed in the by-laws of The National Society of the Colonial Dames
of America. Vacancies shall be filled in like manner. In the event
the board of regents shall at any time fall below the minimum num-
ber above mentioned, then the governor of Virginia shall appoint
a number of women, for such terms as he thinks proper, necessary
to bring the membership of said board up to the minimum.

“Third. The said board of regents may, if they deem it advisable,
incorporate themselves under the name of “The board of regents of
Gunston Hall, incorporated.’

“Said board of regents may erect upon the premises hereby con-
veyed a suitable memorial to Eleanor Doughaday Hertle, the wife
of the party of the first part.

“Fourth. The said board of regents shall elect from among its
membership such officers for such terms, and with such duties, as it
may deem advisable. It shall adopt such by-laws for its government
as may appear to be proper. It shall meet at least annually on such
date as it may determine at ‘Gunston Hall,’ and at such other times
and places as it may determine, for the purpose of transacting its
business, and a majority of its number shall constitute a quorum. It
may provide and elect from among its number an executive com-
mittee, which, in the interim between meetings of the board, shall,
to the extent of the powers conferred by the resolution creating it,
or amendment thereto, manage and supervise the memorial.

“Fifth. Subject to such reasonable rules and regulations as the
said board of regents may adopt, the memorial shall be kept open to
the public. The board of regents may, in its discretion, charge an
entrance fee, the amount of which it shall from time to time deter-
mine, provided, however, that the income so received shall never be
used for any purpose other than to meet the expenses of maintaining
and preserving the memorial, paying such salaries, wages and other
items as may be necessary properly to operate it, and of purchasing
such articles, books or papers, for preservation at the memorial, as
may be associated with George Mason or the period in which he lived.
Any articles, books or papers so purchased, or which may be pre-
sented to and accepted by said board of regents, shall become a part
of the memorial and shall be held subject to all the terms and condi-
tions to which it is subject. Any surplus funds may be used for
disseminating a knowledge of the life and services of George Mason
and of his contribution to the fundamental principles of government.

“Sixth. The governor of Virginia shall annually appoint and
commission three fit and competent men, who shall constitute a board
of visitors for Gunston Hall, with the ordinary powers of a board of
visitors, whose duty it shall be to visit that place and examine and
faithfully report to the governor all proceedings of said board of
regents touching ‘Gunston Hall,’ and the manner in which they are
managing and supervising the estate.
“Witness the following signature and seal.
(Signed) Louis Hertle (Seal)
“State of Virginia.
“County of Fairfax, to-wit :—

“I, Mavis C. Cobb, a notary public in and for the county aforesaid,
in the State of Virginia, do certify that Louis Hertle, whose name is
signed to the writing above, bearing date on the twenty-fifth day of
February, nineteen hundred and thirty-two, has acknowledged the
same before me in my county aforesaid.

“Given under my hand this twenty-fifth day of February, nineteen
hundred and thirty-two.

“My commission expires the fifth day of June, nineteen hundred
and thirty-five.

(Signed) Mavis C. Cobb,
Notary Public.”

Whereas, according to the terms and provisions of said deed, it
is of no effect unless and until it shall have been approved and ac-
cepted on behalf of the Commonwealth of Virginia by an act of its
general assembly ; and,

Whereas, it is fitting that the Commonwealth, through its gen-
eral assembly, should make public expression of her appreciation of
this most generous gift and of her high approval of the purpose for
which it is made; now, therefore,

1. Be it enacted by the general assembly of Virginia, That the
Commonwealth of Virginia doth hereby approve and accept said deed
of gift, and doth hereby express her appreciation of the generosity
which has prompted it and her whole-hearted approval of the pur-
pose for which this memorial is established.