University of Virginia Library

RESOLVED: That the Rector and Visitors of the
University accept with regret the resignation of Mr.
Bert B. Hershenson as Assistant Professor of
Physiology and Biochemistry. Mr. Hershenson has discharged
his duties in the Department of Medicine with
scholarship and ability.

RESOLVED, That the Rector and Visitors of the
University accept with regret the resignation of Mr.
John T. Lonsdale as Assistant Professor of Geology.
Mr. Lonsdale has served the University with skill and
devotion.

Dr. Harold L. Alden was promoted from Assistant
Professor to Associate Professor of Astronomy, with an
increase in salary of $100.00, making a salary for 192425
of $2,600.00.

Dr. LeRoy A. Calkins was elected Professor of
Obstetrics and Gynecology at a salary of $4,500.00, incumbency
to begin with the session 1924-25.

Mr. Harold H. Neff was elected Professor of Law
at a salary of $4,500.00, incumbency to begin with
session 1924-25.

Mr. Tucker Jones was elected Associate Professor
of Physical Education at a salary of $3,750.00, incumbency
to begin with session 1924-25.

Dr. Arthur Ferguson Benton was elected Associate
Professor of Chemistry at a salary of $2,500.00, incumbency
to begin with session of 1924-25.

Mr. Westwood Wallace was elected Acting Assistant
Professor of Philosophy at a salary of $1,750.00 for
the session 1924-25, in lieu of Professor A. G. A.
Balz, who will be on leave of absence.

Dr. A. A. Pegau was elected Acting Asst. Professor
of Geology for one year.

"In reply to your letter of May 24th, I beg to
inform you that it was my intention to establish Scholarships
for men only, and it is my wish that only men
shall be allowed to participate."

RESOLVED; That the wishes of Mr. Thomas F. Ryan,
as expressed in his letter, be respected, and the
Scholarships be limited to men.

"By an Indenture of Trust, dated July 31st, 1922,
Paul G. McIntire transferred to United States Trust
Company of New York Policy No. 382,117 of the Travellers
Insurance Company, Hartford, Connecticut, upon the life
of said Paul G. McIntire in favor of Charlotte V. McIntire,
providing for the payment after the death of said
Paul G. McIntire of Two Hundred and Forth monthly installments
of $382.50 each, and a final payment of
$100,000.00; In Trust for the uses and purposes in said
indenture of Trust set forth, one of said uses and purposes
being that upon the death of said Charlotte
V. McIntire and of Anna D. McIntire said Trust Company
should pay to the "Trustees of the University of Virginia"
the net income from said fund to provide for certain
Scholarships at the University of Virginia to be
awarded as provided by said Indenture of Trust.

"Since the execution of said Indenture of Trust the
University of Virginia has requested Mr. McIntire to make
certain changes in the trusts therein set out with reference
to said Scholarships; and in compliance with said
request Mr. McIntire has executed a revocation of said
Indenture of Trust, and also a new Indenture of Trust,
which new Indenture is dated December 5th, 1923.

"In order that said new Indenture of Trust may become
operative it is necessary that the Rector and Visitors
of the University unite with Mr. McIntire in the revocation
of the original Indenture.

"An instrument, signed by Mr. McIntire, revoking
said original Indenture of Trust was presented to the
meeting, a copy of which is attached to this resolution.
It was thereupon

"RESOLVED: That the Rector is hereby authorized and
directed to sign revocation on behalf of the Rector and
Visitors of the University of Virginia, to the end that
the terms of the new Indenture may become operative. A
copy of said new Indenture, signed by Mr. McIntire, was
presented to the meeting and ordered spread as a part
of the minutes."

"THIS AGREEMENT, made this 5th day of December,
1923, by and between Paul G. McIntire of Charlottesville,
Virginia, party of the first part, United States Trust
Company of New York, party of the second part, and
Rector and Visitors of the University of Virginia, a
Corporation created and existing under the laws of the
State of Virginia, with its principal office at
University, Virginia, party of the third part,

WITNESSETH:-

"WHEREAS the party of the first part hereby, by an
indenture of trust dated the 31st day of July, 1922, assigned
and transferred unto the party of the second part

"IN TRUST, for the uses and purposes in said indenture
of trust set forth, one of said uses and purposes being that
upon the death of Charlotte V. McIntire and Anna D. McIntire
the party of the second part should pay to the `Trustees of
the University of Virginia' the net income from said trust
fund to provide for certain scholarships at the University
of Virginia, to be awarded as provided by said indenture of
trust; and

"WHEREAS the party named in said indenture of trust of
July 31st, 1922, as "Trustees of the University of Virginia"
is, in fact, the Rector and Visitors of the University
of Virginia, this latter being its correct and corporate
name; and

"WHEREAS said Rector and Visitors of the University of
Virginia, designated `Trustees of the University of Virginia'
as aforesaid, has requested that the party of the first part
hereto revoke said deed of trust of July 31st, 1922, insofar
as the provisions therein concern said "Trustees of the University
of Virginia", and to execute a new deed of trust containing
other provisions governing the awarding of scholarships; and

"WHEREAS the parties of the first and second parts
are willing that the said deed of trust should be revoked, and a
new trust created provided they are released from all liability
on account of the said revocation, and indemnified for any

liability under the said deed of trust;

"NOW, THEREFORE, in consideration of the mutual covenants
herein contained, and of the sume of One Dollar ($1.00), each
to the other in hand paid, the receipt whereof is hereby
acknowledged, the parties hereto hereby agree with each
other as follows:-

"The party of the first part hereby revokes the said
indenture of trust of July 31st, 1922, insofar as the same
makes provisions for the `Trustees of the University of
Virginia'. The party of the second part covenants that said
indenture of trust be revoked, and the parties of the first
and third parts agree that they will indemnify the party of
the second part from any claim, debts, dues or demands whatsoever
which may ever be made against it by any person on
account of its consent to said revocation; and the party of
the first part further agrees that he will immediately upon
the execution of this agreement execute a new deed of trust
to the party of the second part, containing exactly the same
providions as the deed of trust of June 23rd, 1922, except the
provisions governing the awarding of scholarships as aforesaid,
and the conditions upon which said trust shall be held
for said Rector and Visitors of the University of Virginia.

"And said party of the first part further acknowledges
that he has received from said party of the second part all
property constituting the trust fund aforesaid, and he further
agrees that by the new deed of trust above referred to he will
reconvey and re-deliver to said party of the second part
the property hereby receipted for.

"IN WITNESS WHEREOF the parties hereto have executed
this agreement in triplicate the day and year first above
written."

Paul G. McIntire [Description: (SEAL)]

UNITED STATES TRUST COMPANY OF NEW YORK

By
____________________

(Vice President)

Attest:-

E.I. Carruthers
(Secretary)

RECTOR AND VISITORS OF THE UNIVERSITY OF
VIRGINIA

By
C. Harding Walker
(Rector)

The Beta Chapter of the Zeta Psi Fraternity of North
America was granted lease on a lot on the grounds of the
University, located on Rugby Road, on which to erect a
Fraternity House, as follows:

"A copy of lease between the University and Beta Chapter
of Zeta Psi Fraternity of North America, Incorporated, was
presented to the meeting, whereby the University leases to said
Fraternity, for the term of Ninety-nine (99) years, from
June 9th, 1924, all of that certain lot which is situated a
short distance north of Fayerwether Gymnasium, having a
front of 136 feet along the western side of the Rugby Road,
being bounded on the north by the right of way of the
Charlottesville and Albemarle Railway, on the west by the
service road leading from said Rugby Road to Carr's Hill,
and on the south by the not now occupied by the Kappa Sigma
Fraternity.

"The terms of the proposed lease are identical with
those set out in lease to Alpha Home Association, which
was executed pursuant to resolution of this Board, adopted at
its meeting held October 9th, 1923, and the purpose of the
lease being to enable said Beta Chapter of Seta Psi Fraternity
to erect a Fraternity House upon said lot. After consideration
of the matter it was

"RESOLVED: That said lot be, and is, hereby leased to
Beta Chapter of Zeta Psi Fraternity of North America, Incorporated,
in accordance with the terms of the contract presented
to this meeting; that a copy of said contract be spread
upon the minutes of this meeting; and the Rector is hereby
authorized and directed to execute said contract on behalf
of the University of Virginia, and the Secretary of this
Board is also authorized and instructed to affix the seal
of the University thereto, and attest the same.

"THIS DEED OF LEASE made this 9th day of June, 1924,
by and between the Rector and Visitors of the University of
Virginia, a corporation, hereinafter called the Lessor,
party of the first part; and Beta Chapter of Zeta Psi Fraternity
of North America, Incorporated, a Corporation created
and existing under the laws of the State of Virginia, and
which is hereinafter called the Lessee, party of the second
part,

WITNESSETH:-

"THAT for and in consideration of the rents, covenants,
stipulations and conditions hereinafter contained, the said
Lessor doth lease and demise unto said Lessee, to be held
by the Lessee for the term of Nine-nine (99) years, commencing
on the 9th day of June, 1924, all that lot or parcel of land
which is situated a short distance north of the Fayerwether
Gymnasium, having a front of 136 feet along the western side

of the Rugby Road, being bounded on the north by the right of
way of the Charlottesville and Albemarle Railway, on the west
by the service road leading from said Rugby Road to Carr's
Hill, and on the south by the lot now occupied by the Kappa
Sigma Fraternity. And said Lessee shall proceed as promptly
as possible to erect a Fraternity House upon said lot as
hereinafter set out.

"And said Lessor reserves as rent for the said Land
so long as the same is occupied by said Lessee the sum of One
Dollar ($1.00) per annum, payable at the end of each year;
that is to say, on the 1st day of June of each year during
the term of this lease, but this lease is made and shall
continue in force only upon the condition that the Lessee will
fully and faithfully perform on its part each and all of the
covenants, stipulations and undertaking hereinafter set forth.

"And said Lessee agrees and covenants to and with the
said the said Lessor as follows:

FIRST: That it, the said Lessee, will pay to the said
Lessor the sum of One Dollar ($1.00) at the end of each
year so long as this lease shall remain in force.

SECOND: That said Lessee will erect upon the said lot
above described a building to be used by said Lessee for the
purposes of a student's chapter or fraternity house at the
University, said building to cost not less than forty thousand
dollars ($40,000.00) to be constructed of hollow tile,
faced with brick, or of brick alone, roofed with metal or slate,
and of the dimensions and style and specifications of Eugene
Bradbury, Architect, copies of which are hereto attached as
part of this contract; it being further understood that said
fraternity house shall be placed on the lot in question upon
the exact location which has heretofore been approved by said
Lessor and accepted by said Lessee.

THIRD: That the said building so erected shall be used
exclusively and for the purposes of a students' chapter or
fraternity house and for lodging rooms by the individual
members of said Lessee and the members of Zeta Psi Fraternity
of North America, that unless the consent of said Lessor over
the signature of its Rector if first obtained, said Lessee
will not subject or assign said premises, or any part thereof,
during the term, or permit the use thereof otherwise than by
said Zeta Psi Fraternity of North America and its members, and
the members of said Lessee.

"That during the use and occupations of said building as
aforesaid, and so long as said lease shall remain in force and
effect, said building shall be cared for and kept in order and
in such reasonable repair as the Superintendent of Grounds and
Buildings, or other duly designated officer of said Lessor

shall require, at the expense of the said Lessee, and without
charge to said Lessor; and such repairs shall include restoration
in case of damage or desturction by fire.

"FOURTH: That the said building shall be at all times
as fully subject to the ispection and visitation of the authorities
of said Lessor for police purposes and the ends of dissipline,
and for sanitary and other purposes of a similar
nature, as are any of the buildings owned by said University.

FIFTH: In the event the said Lessor shall, at any time
in the future, change its views as to fraternities, and desire
to recall any and all rights that may have been granted
herein, then and in that event the said Lessor shall have
the right at any time to revoke any and all the rights and
privileges granted, conveyed or given hereunder, and take
possession of said building, and upon payment to the said
Lessee for such building of such price as may be agreed upon
by said Lessor and said Lessee; and upon failure to agree upon
a price the same shall be fixed by arbitration—one arbitrator
to be selected by each party, and the two selected to choose
an umpire—the award of said arbitrators and their umpire, or
of any two of them, shall be final and binding upon both
parties.

SIXTH: That in case of the breach by said Lessee or its
failure to observe any of the covenants, agreements or conditions
hereof, or if said building shall be used in a manner not satisfactory
to the said Lessor, or if said Beta Chapter of Zeta
Psi shall be dissolved or discontinued, then and in any of said
events, after sixty (60) days notice given in writing by said
Lessor through its Secretary, or through any other authorized
agent of said Lessor, at any time after such breach, to any
member or officer of the Lessee found at the University, or if
no such member or officer be there found, then without notice,
the Lessor shall have the right to enter upon its records the
fact of such default or breach of such covenant, agreement or
condition, or of the unsatisfactory use of said house by the
Lessee as aforesaid, or of said declaration of discontinuance,
and this lease shall thereupon be determined and terminated
and the said leased property and the buildings and improvements
thereon shall thereupon revert to said Lessor, who shall have
the right to require its Superintendent of Grounds and Buildings,
or such officer or agent as may be designated by the
Lessor, to take possession of the said building, land and
improvements thereon, and the same shall become and continue
the absolute property of the said Lessor, free and forever
discharged from any and all rights and claimes of said Lessee
hereunder.

"Provided, however, if the said building shall revert
to said Lessor as aforesaid in consequence of the dissolution
or discontinuance of the said Beta Chapter of Zeta Psi
within five years after said building shall have so reverted
the Chapter shall be revived and restored, to its former
standing and position, and if said Lessee as so revived and

restored shall within five such years make application
to said Lessor for restoration to its rights and privileges
under this lease, the said Lessor shall thereupon be bound
to restore the same on the same terms and conditions as are
hereinbefore set out; provided that evidence satisfactory to
the Lessor is presented to it of the good standing of the
Lessee as revived and restored and of its ability to perform
thereafter the obligations of this lease; otherwise the Lessee
shall not be entitled to a restoration of its rights and
privileges as aforesaid.

SEVENTH: That in the event of failure on the part of
said Lessor to exercise its rights hereunder to terminate this
lease under the provisions of the SIXTH section above, such
failure shall not be taken or considered as in any manner constituting
a waiver of any of the rights of the Lessor as
hereinbefore set forth to terminate this lease above stated,
and take possession of the building as aforesaid, in case
of any subsequent or other failure, default, or breach on the
part of the Lessee. And the Lessor agrees and covenants to
and with said Lessee that on the payment by the said Lessee
of said annual installment of rent as aforesaid, on the full
and faithful performance and discharge by said Lessee of all
covenants, stipulations and agreements herein contained, the
said Lessor will, on payment to it by said Lessee of $25.00
renewal fee, execute and deliver at the request of said
Lessee a new lease of the above demised premises for nother term
of nine-nine (99) years to commence on the expiration of this
lease, subject to the same rents and to the same covenants,
agreements and conditions as hereinbefore set out, so that the
demise hereby created may be renewable and renewed from time
to time.

"IN TESTIMONEY WHEREOF, The Rector and Visitors of the
University of Virginia has caused its name to be signed hereto
by C. Harding Walker, its Rector, and its Corporate Seal
to be hereunto affixed and attested by E. I. Carruthers, its
Secretary, which is done in accordance with a resolution
adopted by said Rector and Visitors of the University of Virginia
at a meeting held on the 9th day of June, 1924, and said Beta
Chapter of Zeta Psi Fraternity of North America, Incorporated,
has caused its name to be signed hereto by I. F. Lewis,
President, and its Corporate Seal to be hereunto affixed and
attested by Eskridge Duke its Secretary, all of which is
done this 9th day of June, 1924, this contract being executed
in duplicate.