(from Friends of Markham Hill, an effort to save the mountain from development and make it a nature, wildlife, historic, and Native American preserve, in the middle of Fayetteville, Arkansas)
Title: What happened to Joy Pratt Markham’s will for her land?
** Joy’s Will **
Joy Pratt Markham willed her money and land to the University of Arkansas for the purpose of the arts and preservation. She wanted her land in Fayetteville to be used as one or more of the following: (1) a summer camp for boys and girls “with particular consideration in the selection of the children being given to the children of needy families”, (2) a nature preserve “for use by the University of Arkansas as a training ground for faculty and students in such fields as botany, zoology, biology, environmental protection, forestry and other related fields; and for the use and enjoyment of the general public upon such reasonable terms and conditions as shall be from time to time prescribed by the University of Arkansas”, and (3) the “preservation of my home for historical and architectural purposes, it being my intention that it be devoted to said purposes and to such other uses as the University of Arkansas determines to be consistent with said purposes, including but not limited to a museum, an art gallery, visitors center and headquarters for the camp and nature preserve .” It was her hope that her sister, Evangeline Archer, would give or bequeath or sell at a reduced price to the University of Arkansas her half of the co-owned land that they inherited from their father for the same uses and purposes. “If she is unwilling to do so, then the University of Arkansas is authorized to sell my undivided one-half interest in said inherited property at public or private sale, or maintain partition proceedings with respect to same; if my interest in said real estate is sold, the proceeds of such sale shall be utilized in the development of the camp and/or nature preserve.” These wishes were listed in paragraph THIRD of Joy’s will.
In paragraph FOURTH of the will, Joy gave the rest of her estate (real, personal, or mixed) to the University of Arkansas for the following uses: (1) Three-fourths of it to establish a fund for constructing, furnishing and equipping a proposed auditorium to be used by the University of Arkansas at Fayetteville, and (2) one-fourth of it to help restore “Old Main” at the University of Arkansas at Fayetteville.
The Pratt family home where Joy grew up and lived until her death and the surrounding 44 acres were co-owned with her sister Evangeline Pratt Waterman Archer. The other land Joy owned in Fayetteville (she owned land in Tulsa also) possibly totaled 17 acres if I understand her will correctly. Evangeline Archer fully owned around 200 acres on Markham Hill and its foothills. Evangeline valued conservation and preservation as much as Joy and willed all her assets to her only surviving child Julian Pratt Waterman Archer.
** After the Sisters’ Deaths **
After Joy’s death in 1976, the Pratt family home and surrounding 44 acres were co-owned by the University of Arkansas and Evangeline Archer. After Evangeline’s death in 1979, the family home and surrounding 44 acres were co-owned by the University of Arkansas and Julian Archer.
In January 1984, a legal Complaint was filed in the Chancery Court of Washington County, Arkansas for the Board of Trustees of the University of Arkansas v. Julian Archer and Attorney General of Arkansas. The Board of Trustees gave a number of reasons for the Court to use its powers of equity, interpret Joy’s Will, and approve the proposed voluntary partition of interests between the University and Julian Archer. The voluntary agreement between the Board of Trustees and Julian Archer was to swap an intact 62-63 acres in the northwest corner of Markham Hill owned by Julian Archer (inherited from his mother Evangeline) with the University’s 17 acres and co-owned Pratt family home and 44 acres (willed to them by Mrs. Markham).
Among the reasons given:
“No funds for the accomplishment of these purposes [Joy’s three wishes] were provided in paragraph THIRD, or elsewhere in the Will. Household furnishing not otherwise bequeathed to others were left for the University to use in the house or be sold. If sold, the proceeds were to fund the purposes of paragraph FOURTH, not those of paragraph THIRD.”
“As indicated, Mrs. Archer survived the death of Mrs. Markham, but has since died. During the interim, various officials of the University had extensive discussions and negotiations with Mrs. Archer regarding what had become a tenancy in common between her and the University, with reference to the intentions and purposes of Mrs. Markham. At the time of her last illness and ensuing death, no decisions had been reached between the University and Mrs. Archer. Resolution of the problems created by the joint ownership have now had to wait the probate and administration of the estate of Mrs. Archer. Until the joint ownership has been resolved, the purposes mentioned by Mrs. Markham could not realistically be considered. Mrs. Archer neither sold, gave nor bequeathed at her death, her undivided one-half interest to the University so that it could then turn to the purposes proposed by Mrs. Markham. Extensive negotiations with Julian Archer have been productive in terms of what the Board of Trustees will now propose to the Court, using its statutory authority to sell donated lands here involved, and the plans outlined by Mrs. Markham’s Will, which have occurred since the Will was executed. There are no University funds available for the purposes described by the Will, and Mrs. Markham left no funds for those purposes to be accomplished. All of these changed circumstances make it pertinent that the Board of Trustees and the Court look to solutions which may reasonably deviate from the details set out while accommodating her general charitable purpose to benefit the Fayetteville campus of the University of Arkansas.”
“The Board of Trustees has approved an agreement with Julian Archer. This approval was expressly made subject to this cause of action being filed and the approval of this Court. That agreement would encompass a reciprocal sale of lands, by which the parties would voluntarily partition their interests in land, with the result that Mr. Archer would become sole owner of the Pratt home and premises so that he may preserve the home as Mrs. Markham intended be done. The scattered Markham tracts would be transferred to Mr. Archer to be consolidated with his other contiguous properties. The University would be sold a large tract on the Fulbright Expressway, and emerge with more net acreage, consolidated in a single tract, than is now represented by the scattered tracts and the tenancy in common one-half interest. The acquired tract would mark the University’s natural boundary as the expressway, and hereafter assure access to the future campus from the Expressway.”
On June 23, 1986, an order approving and confirming the sale and exchange of this real property was finalized. Part of that agreement was freeing those involved from following Joy’s will concerning her wishes in paragraph THIRD.
“It is, therefore, by this court considered, ordered, adjudged and decreed that this sale and exchange is in all things approved and confirmed, and that all actions taken by the Board of Trustees of the University of Arkansas and by Julian and Jane Archer are hereby approved and ratified, and that the grantees on the deeds attached hereto as Exhibits A and B shall receive said lands free and clear of all restrictions on the use contained in the last will and testament of Joy Pratt Markham and free and clear of all restrictions on use."
Many factors were involved in the failure to legally guarantee that Joy Markham’s and Evangeline Archer’s vision for Markham Hill would be honored. It’s not too late to fix this.
Notes:
(1) The 62-63 acres in the northwest corner of Markham Hill is now owned by the City of Fayetteville who hopes to protect this land in a permanent conservation easement with some natural trails. Joy and Evangeline would be happy about this.
(2) The 200 acres of Evangeline Archer's land was inherited by her son Julian Archer. He sold some of it in the foothills of Markham Hill around 20 years ago but preserved 144 acres on Markham Hill. Now developer Specialized Real Estate Group (SREG) owns these 144 acres because of a bankruptcy trial gone bad. They are planning to deforest and destroy most of the land. Friends of Markham Hill and others are trying to get SREG to preserve all 144 acres or sell it to someone who will.
#SaveMarkhamHill #PreserveFayetteville #KeepFayettevilleForested #MarkhamHillHistory