Tree That Owns Itself

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Son of The Tree That Owns Itself in 2005.

The Tree That Owns Itself is a white oak tree, widely assumed to have legal ownership of itself and of all land within eight feet of its base. The tree is located at the corner of Finley and Dearing Streets in Athens, Georgia, USA. The original tree fell in 1942; a new tree was grown from one of its acorns and planted in the same location. The current tree is sometimes referred to as the Son of The Tree That Owns Itself. Both trees have appeared in numerous national publications, and the site is a local landmark.

1 The Legend of the Tree
2 The History of the Tree
3 Son of The Tree That Owns Itself
4 Tablets
5 Miscellanea
6 References
7 External links

[edit] The Legend of the Tree

The earliest known telling of the tree’s story comes from a front page article titled Deeded to Itself in the Athens Weekly Banner of August 12, 1890. The article explains that the tree had been located on the property of Col. (or Dr.) William Henry Jackson. William Jackson was the son of one James Jackson, (a soldier in the American Revolution as well as a Congressman, US Senator, and Governor of Georgia) and the father of another James Jackson (a Congressman and Chief Justice of the Georgia Supreme Court); he was the brother of Jabez Young Jackson, also a Congressman.^[1]^[2] William Jackson was reportedly a professor at the University of Georgia; the nature of his military service and the source of the title colonel is unknown.^[3] Jackson cherished childhood memories of the tree and, desiring to protect it, he deeded to the tree ownership of itself and the surrounding land. By various accounts this transaction took place between 1820 and 1832.^[4]^[5] According to the newspaper article, the deed read:

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I, W. H. Jackson, of the county of Clarke, of the one part, and the oak tree…of the county of Clarke, of the other part: Witnesseth, That the said W. H. Jackson for and in consideration of the great affection which he bears said tree, and his great desire to see it protected has conveyed, and by these presents do convey unto the said oak tree entire possession of itself and of all land within eight feet of it on all sides.

It is unclear whether the story of the Tree That Owns Itself began with the Weekly Banner article or if it had been an element of local folklore prior to that time. The author of Deeded to Itself tells that, in 1890, there were few people still living who knew the story.^[6]

The story of the Tree That Owns Itself is very widely known and is almost always presented as fact. However, only one person – the anonymous author of Deeded to Itself – has ever claimed to have seen Jackson’s deed to the tree. Most writers acknowledge that the deed is lost or no longer exists, if in fact it ever did. Such a deed, even if it did exist, would have no legal standing, as a valid deed must list at least one person as a grantee.^[7]

While Jackson may have lived near the tree as a young man his childhood was actually spent in Jefferson County, not in Athens.^[3] It has also been said that no one named Jackson ever owned that particular property in the first place, and at the time in question the land appears to have belonged to a Major James Meriwether.^[8] Recent deeds suggest that the tree's square footage remains part of the property at 125 Dearing Street. These documents describe a parcel bounded on the east by Finley Street and on the north by Dearing Street, an area that would seem to encompass the tree.^[9] However, the actual plat map for that property clearly does not include the tree’s oddly shaped corner; its eastern line lies roughly ten feet to the west of the tree’s location — as far as the tax assessor is concerned, the tree’s acreage is not a part of that property.^[10]

This certainly does not confirm that the tree owns itself but, rather, suggests that it is considered to be within the right-of-way along Finley Street. Athens-Clarke County confirms that the tree is in the right-of-way and is thus “accepted for care” by municipal authorities; according to city-county officials, local government and the owners of the adjacent property jointly serve as “stewards” for the care of the tree, while Athens' Junior Ladies' Garden Club serves as its “primary advocate.” Regarding Jackson’s deed, one writer noted at the turn of the last century, “However defective this title may be in law, the public recognized it.”^[11] In that spirit, it is the stated position of the Athens-Clarke unified government that the tree does indeed own itself.^[12]

(It should also be noted that a William H Jackson, along with several others, is reported to have owned 126 Dearing Street, which faces the tree from the opposite side of Dearing Street, in the early Nineteenth Century. That property was sold in 1832, the same year cited on a plaque as being the date of the tree's deed. This citation comes from a narrative history of that neighborhood, rather than courthouse records, and it posits no connection between this individual and the tree.^[13])

Older plaque at the site, weathered by exposure. The stone faintly details a passage from William H. Jackson's deed to the tree.

[edit] The History of the Tree

The original Tree That Owns Itself is estimated to have started life at some time between the mid 16th and late 18th Centuries.^[14]^[15] The tree was considered by some to be both the biggest tree in Athens and the most famous tree in the United States.^[16]^[17] The tree predated the transformation of the area into a residential neighborhood beginning in the mid 19th Century. The residence adjacent to the tree, known as Dominie House, was built at the corner of Milledge Avenue and Waddell Street in 1883, and was moved five blocks to its present location about twenty years later.^[17]

By 1906, erosion had become apparent at the base of the tree. George Foster Peabody paid to have new soil, a commemorative tablet and a chain barricade supported by eight granite posts installed around the tree. Despite these efforts, the tree reportedly suffered heavy damage during an ice storm in 1907. Although attempts were made at preservation, rot had already set in and the tree was permanently weakened.

The original oak fell on the evening of December 1, 1942, during a windstorm that ravaged much of north Georgia, causing widespread damage and killing several people.^[18] One account suggests that the tree actually died several years before it collapsed, the victim of root rot.^[16] The tree was over 100 feet tall and was estimated to be between 150 and 400 years old when it fell.^[14]^[15]

[edit] Son of The Tree That Owns Itself

After the original tree’s demise its small plot sat vacant for four years. Dan Magill, the young son of Athens’ Junior Ladies Garden Club member Elizabeth Magill, suggested that his mother’s club find a replacement for the tree. Several Athenians had cultivated seedlings from acorns of the original tree. That growing in the yard of Capt. Jack Watson, at five feet in height, was deemed the best candidate for transplant. The operation was directed by Roy Bowden of the College of Agriculture at the University of Georgia, assisted by students in the Department of Horticulture.^[16]

The new tree was officially dedicated in a formal ceremony on 4 December 1946. Athens mayor Robert L. McWhorter presided and Dr. E.L. Hill, pastor of the First Presbyterian Church, offered a short prayer. Also in attendance were Capt. and Mrs. Watson and representatives of the Garden Club. Club president, Patsy Dudley, announced that her group would henceforth take responsibility for maintenance of the tree’s plot, which had fallen into disrepair during the vacancy.^[16] The new tree, trimmed back to a mere three feet for transplantation, thrived in its new location. This tree is considered, popularly if not legally, to be the full heir of the original tree. As such it is sometimes referred to as the Son of The Tree That Owns Itself, although it is generally known by the same title as its progenitor. The tree is currently over 50 feet tall.

On 4 December 1996 the Garden Club staged a celebration to mark the fiftieth anniversary of the planting of the new tree. Dan Magill, who as a boy had inspired the replanting effort, served as master of ceremonies.^[14]

The tree sits near the crest of a hill, at the southwest corner of the intersection of Dearing and Finley Streets, in a quiet residential neighborhood near downtown Athens and UGA’s North Campus. As an added feature, the portion of Finley Street leading up the hill to the tree comprises Athens’ only remaining cobblestone street. The tree’s lot is separated from the larger portion of the adjacent property by a private driveway; its enclosure also juts several feet into Finley Street, which narrows beyond that point. Thus the tree may in fact appear to occupy a small but separate tract of land. The appearance of separation is accentuated by the retaining wall and ornamental chain barrier that surround the tree. Although located alongside private homes in a residential neighborhood, the Tree That Owns Itself is "open" to the public and regularly attracts visitors.

Although the story of the Tree That Owns Itself is more legend than history the tree has become (with the University Arch and the Double-Barreled Cannon) one of the most recognized and well-loved symbols of Athens. It is routinely featured in travel guides and other visitor information, and has even garnered international recognition through such publications as Ripley's Believe It Or Not, where the tree has been featured in three cartoons.^[19]

[edit] Tablets

Newer plaque at the site clearly detailing a portion of William H. Jackson's deed.

The site of the tree contains two stone tablets. The first is heavily weathered while the second appears to be considerably newer. Both tablets paraphrase the same portion of William H. Jackson's supposed deed to the tree, with slight alterations made to transform the legalistic language into a first-person declaration of affection:

FOR AND IN CONSIDERATION

OF THE GREAT LOVE I BEAR

THIS TREE AND THE GREAT DESIRE

I HAVE FOR ITS PROTECTION

FOR ALL TIME. I CONVEY ENTIRE

POSSESSION OF ITSELF AND

ALL LAND WITHIN EIGHT FEET

OF THE TREE ON ALL SIDES

WILLIAM H. JACKSON

In addition to the stone tablets a brass plaque is affixed to the concrete retaining wall that surrounds the tree. The plaque reads:

THE TREE THAT OWNS ITSELF

Quercus alba

Deeded to itself by Col. William H. Jackson

circa 1832

This scion of the original tree was planted by

the Junior Ladies Garden Club in 1946

National Register of Historic Places 1975

Athens Historical Landmark 1988

It must be noted that it was not the tree, but rather the entire Dearing Street Historic District (of which the tree is a "resident"), that was added to the National Register in 1975. The District incorporates an area very roughly bounded by Broad, Finley, Waddell, and Church Streets, and was recognized for its architectural significance. The tree was locally designated an historic landmark on 2 February 1988.^[3]

[edit] Miscellanea

A second-generation descendent of The Tree That Owns Itself is part of the Historic Tree Grove at the Fort Decker Compound in Port Jervis, New York. Grown from an acorn of the 1946 tree it is known as the Jackson White Oak.^[4]

It was previously reported that weather conditions on the night of the original tree's collapse could not be known with certainty due to wartime restrictions on weather reporting. However, the lead story in the Banner-Herald on 2 December 1942 provided considerable details about a wind storm that devasted Northern Georgia the night before, damaging trees in Athens and airplanes in Atlanta, and even killing five people in Lincolnton, Georgia.

Elsewhere on the Internet, the date of the new tree's planting is given as 6 December 1946, although it was reported on 5 December as having taken place the previous day.

[edit] References

^ Athens, Georgia 1801-1951. Athens, GA: published by the mayor and city council.
^ The New Georgia Encyclopedia http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-1087&hl=y
^ ^a ^b ^c Tree That Owns Itself, http://www.cviog.uga.edu/Projects/athens/TREE.htm
^ ^a ^b River City Attractions http://portjervisny.org/rivercit.htm
^ The date "1832" is given on a brass plaque affixed to the tree's retaining wall.
^ Deeded to Itself (12 August 1890). Athens, GA: Athens Weekly Banner 58(176) p 1.
^ Reap, James K (2001). Athens, a pictorial history (3rd ed.). Virginia Beach: Donning.
^ Dearing Street Historic District, http://www.cviog.uga.edu/Projects/athens/DEARINGS.htm
^ Clarke County, Georgia, Deed Books 1558-166 (1996), 338-455 (1970), et al.
^ Clarke County, Georgia, Plat Book 32-364.
^ Hull, Augustus Longstreet (1906). Annals of Athens, Georgia 1801-1901. Athens, GA(?): Banner Job Office. Reprinted by Mary B Warrer (1978); Danielsville, GA: Heritage Papers.
^ Roger Cauthen, Athens-Clarke County Landscape Administrator (27 October 2006).
^ Cooper, Patricia Irvin, et al, eds (1979). Papers of the Athens Historical Society v. II. Athens, GA: Athens Historical Society.
^ ^a ^b ^c Dorsey, Derrick. Mighty oak enjoys golden years. http://excursia.com/destinations/USA/GA/athens/stories/20010406/att_tree.shtml
^ ^a ^b The Tree That Owns Itself http://www.letsgo.com/articles/view.php?article=north_america/local/tree.xml
^ ^a ^b ^c ^d Stripling of an oak bravely sets out as heir to “tree than owns itself” (5 December 1946). Athens, GA: Athens Banner-Herald 114(281), pp 1, 5.
^ ^a ^b Thomas, Frances Taliaferro (1999). Historic Dearing Street. Athens, GA: Athens-Clarke Heritage Foundation.
^ Windstorm hits Athens and area; several casualties reported (2 December 1942). Athens, GA: Athens Banner-Herald 110(279), pp 1, 8.
^ Edward Meyer, Vice President for Exhibits and Archives, Ripley Entertainment Inc (26 October 2006). Ripley's has featured the tree on at least three occasions: 10 November 1983, 28 August 1994, and 27 April 1996.