1946 Deed for Nikwasi Mound

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  1. Jabberwocky about our Nikwasi Mound can be thrown about ’til the cows come home, but the intent of the 1946 deed is that the Town would hold the mound in trust for the Citizens of Macon County forevermore.

    The deed states:

    “The mound situated upon the property above described shall be preserved for the citizens of Macon County and for posterity, and the same shall be kept as it now stands and shall not be excavated, explored, altered, or impaired in any way or used for any commercial purpose, and shall be kept as a monument to the early history of Macon County, and in order that these trusts and conditions may be carried out, the Town is hereby authorized and empowered to exercise such control over the same as it by law might do over other public property belonging to it, subject to the limitations and conditions above set forth.

    “Any deed, lease or other contract which in any way may interfere with the objects and purposes of this instrument as above set forth shall be null and void, and should the Town of Franklin at any time fail to carry out the provisions of this instrument, then any citizen of Macon County shall have the right to apply to the Court for injunctive relief and to prosecute said action their own behalf and in behalf of all other citizens of Macon County.”

    Weimer Jones, the lawyer who wrote the 1946 deed was a wise man, and he certainly foresaw the shenanigans that could happen with the mound in future years, which is why he made the deed ironclad.

    And now, with all the mumbo-jumbo about the mound, all the twisted rhetoric from people trying to deny the intent and purpose of the deed, people trying to twist the terms and conditions of the deed into something it is not, and talking about the property outside the perimeter of the mound itself—-Weimer Jones must be turning over in his grave.

    But Weimer Jones would be proud of the people of our county who are once again standing up against this latest attack on the mound by opportunistic land developers.

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