The Hersheys' School Family

The Hersheys' School Family

While it is natural to envision how the School includes physical assets, we should not overlook the fact that the School also includes people – particularly the School Family. The School Family was created as, and is, a core component of the School. Those who understand the importance of their own biological family will not find it difficult to understand the unique and essential role the School Family plays in the Trust. Once the School Family and its various roles are explained, it is easier to understand how essential it is to the short and long term success of the School, the Current Beneficiaries and other members of the School Family.

For a more detailed explanation of the Hersheys' School Family, refer to Chapter 7. The School Family at Milton S Hershey - "His Deeds are His Monument, HIs LIfe is Our Inspiration", by John F Halbleib.

Note: This material has been excerpted from the book Hershey – Ideal Community for Orphans, by John F Halbleib. Many references in this excerpt are to such book; go to Books for more information.

Origin of the School Family—Milton Hershey’s Deed of Trust, Indentures and the Constitution

M.S. required that his boys grow up in a real home among loving adults. Paragraph 15 of Milton Hershey’s Deed of Trust requires Indenturing.^[1] In particular, each Indenture provides:

The home provided for the said orphan by the Managers is situated at Hershey, Dauphin County, Pennsylvania, and that will be his residence unless in the judgment of the Managers it shall be expedient to maintain him elsewhere, in which event it shall be the right of the Managers to make the necessary change.

It contemplates providing two things:

· A home, and

· A residence

That is, the agreement to provide a “home,” which includes providing his “residence,” has at least two attributes. Providing his residence is clearly referenced as a separate matter associated with maintaining the orphan, but it can change and be separated from his promised home; his home is to be situated at Hershey, Dauphin County, Pennsylvania. That is, there must be more because there is a reference to providing a home which is to be his residence. If the reference to providing a home were not intended to mean more than his residence, the Indenture would have just said residence. Moreover, the Indenture contemplates that the Current Beneficiary’s residence can be changed, while his “home” is always to be “situated at Hershey.” Fixing as unmovable his home situated at Hershey, while his residence could be changed suggests that his home is more then where he lives.

In addition to a home being one’s residence, “home” is also commonly defined as the social unit formed by a family living together; that is, one’s close family and self. Moreover, as one grows older, it is likewise defined as one’s place of origin and emotional attachment; if no longer one’s residence, a place to which one intends to return. Of course, being part of a family, one’s place of origin or emotional attachment and a place one intends to return share a common attribute – they have no date upon which they end.

Thus, each Indenture (which is required by Milton Hershey’s Deed of Trust) adds one more orphan to the School Family by promising “The home provided for the said orphan by the Managers is situated at Hershey, Dauphin County, Pennsylvania.” In fulfillment of M.S.’s requirement that his boys grow up in a real home, the Managers, on behalf of the School and through each Indenture, promise and provide a home to each orphan.

Picture 57: Family Home Life ^[2]

The Hersheys intended that their boys would grow up in a loving environment, as part of a family with a real home.

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To understand the consistent distinction that was made between “home” and “residence” in certain key documents, we consider:

(i) The Indenture that each parent, guardian, or other competent authority enters into with the Managers expressly provides that “The home provided for the said orphan by the Managers is situated at Hershey, Dauphin County, Pennsylvania, and that will be his residence.” Note that the home is situated at, not located in, Hershey and a distinction is made between each orphan’s home and his residence.

(ii) M.S. viewed Hershey as a town in name only and as part of Derry Township.

(iii) The School is to be located in Derry Township and on adjoining or conveniently near land.^[3] The Hersheys’ Children’s Home Campus was viewed as Derry Township and was expected to, and did, grow into areas surrounding Derry Township.^[4] This is the same geographically, and has become known, as Hershey, PA.

Consequently, the Indentures were worded specifically because Derry Township and the surrounding area (which is the same geographically, and has become known, as Hershey, PA) was intended to be, and it became, the community that served as the “home” of the Resident Beneficiaries, the “home” to which the Non-Resident Beneficiaries would return, as well as the “home” of those who played some role in the Hersheys’ Children’s Home (e.g., as an employee of Hershey Chocolate Company and resident of the Hersheys’ Children’s Home Campus). Most importantly, it is the community to which the entire School Family belongs and in which they are considered members.

(iv) Adding additional significance to the language in each Indenture are two provisions in Milton Hershey’s Deed of Trust. The only mention of “home” is in each Indenture, which is intentional. The term “residence” is used once in each Indenture as the place where the orphan is “maintained” but not the same as his home. It is used twice in Milton Hershey’s Deed of Trust. First, the language in the Deed of Trust and the Indentures in which there is a use of the term “residence” or “home” is set forth in Table 10: Indenture and Deed of Trust References to "home" and "residence," below:

Table 10: Indenture and Deed of Trust References to "home" and "residence"

Source

Language

Comment

Indenture

“The home provided for the said orphan by the Managers is situated at Hershey, Dauphin County, Pennsylvania, and that will be his residence unless in the judgment of the Managers it shall be expedient to maintain him elsewhere, in which event it shall be the right of the Managers to make the necessary change.”

Note how carefully worded this paragraph is. While the “home” “is situated at Hershey, Dauphin County,” only the residence can be changed. Thus, this sentence contemplates that the Home of all will be at Hershey, while their respective residences could be elsewhere. The Deed of Trust, however, establishes limits on where residences can be located.

Granting Clause of Milton Hershey’s Deed of Trust

“Together with all and singular the stock […], to have and to hold the said premises, stock, […] unto the said party of the second part, its successors and assigns, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever, upon and subject to the trusts and confidences and for the several uses, intents, and purposes hereinafter mentioned declared of and concerning the same, that is to say: in trust for a permanent institution for the residence and accommodation of poor white male orphans, and the requisite teachers and other persons necessary in and about such an institution, and the maintenance, support, and education, as hereinafter prescribed of such orphans:”

The use of the term “residence” here is appropriate because there is reference to teachers and other persons, not just to orphans. Thus, a term like home might not be appropriate depending upon who such other person is.

Paragraph 23 of Milton Hershey’s Deed of Trust

“The Managers shall at all times keep full and accurate statements, in books to be provided by them for the purpose, of all orphans entering, remaining in, and leaving the School, showing their several names, parentage, birthplaces, ages, admission, and departure, and designation of trade learned; and so far as any information upon the subject can readily and without unnecessary expense be obtained, the Managers shall cause a record to be kept and preserved of the residence, occupation, condition, and success in life of all scholars who have fully completed their term, for a period of ten years after their departure from the School.”

Here the use of “residence” is appropriate and fully consistent with the analysis set forth herein because we know that the home of each Current Beneficiary is to become Hershey, and following their departure from the School their respective home would remain Hershey. Nonetheless, we want to know where each lives, or their “residence,” in connection with School Family activities, including Milton Hershey’s Alumni Association.

After considering the analysis in Table 7, (1) the careful use of the words “home” and “residence,” (2) the actual Hersheys’ Children’s Home Campus, and (3) the other well articulated objectives of the Hersheys in terms of the importance of family and the need to grow up in a home and family environment, it follows that the intended meaning of the word “home” is that it means more than residence and manifests the Trust’s School Family Obligations. That is, each Indenture makes the promise of a residence and of a true home and family to each orphan. As with the other characteristics of the Hersheys’ Children’s Home, the School Family constitutes a central and an essential component in fulfilling the purposes of the Trust.

As third party beneficiaries of, and a party^[5] to, their respective Indentures (as well as after giving effect to Paragraphs 15 (which mandates Indenturing) and 23 (which requires a detailed history of the School Family)^[6] of Milton Hershey’s Deed of Trust), the Managers, on behalf of the School, became obligated to provide both Orphans and Scholars: (a) a residence, (b) the social unit formed by a family living together (that is, one’s close family and self), (c) if no longer one’s residence, a place to which one intends to return, and (d) as one grows older, a place of origin and emotional attachment.

Upon creation of Milton Hershey’s Alumni Association, an intended third party beneficiary status was created similar to that created under the Indentures and this group also served to confirm the Trust’s School Family Obligations that had arisen pursuant to each Indenture.^[7] That is, the Managers, again acting through its agents pursuant to the obligations that originate under Indentures, manifested related undertakings or responsibilities for the further development and continued excellent health of the School Family by setting forth responsibility for (1) keeping in touch and corresponding with, keeping a close relationship with, assisting in procuring employment for, and providing other necessary assistance to, all Former Students and (2) looking after the general welfare of all Former Good Students, Former Commendable Students, and Original Alumni Association Members, as well as (3) looking after the general welfare of those who were formerly students at The Hershey Industrial School and left there with a good record.

[1] Refer to Section 3.1(d) Indenturing for more detail.

[2] Photo Courtesy of Milton Hershey School, Historical Records

[3] Refer to the Deed of Trust.

[4] In fact, by 1950 the Hersheys’ Children’s Home Campus had spread from Derry Township, Dauphin County, Pennsylvania to land adjoining or conveniently near School property into two additional townships in Dauphin County, Pennsylvania, one township in Lebanon County and one township in Lancaster County. In Table 1: Counties and Townships in Which HIS Units Were Located is an approximate breakdown taken from the map on page 12 of the 1950 Houseparent Handbook, together with Unit No. 60, which is shown on the 1935 Map of HIS Units as located in Conewago Township, Lancaster County, Pennsylvania. In a map produced by the Trust in the late 1990s or early 2000s and entitled “Hershey Ownership Map,” the same land that is shown in the 1935 Map of HIS Units as Unit No. 60 is listed on said Hershey Ownership Map as part of the land designated as “Southern Farmland,” which includes land in Derry Township, Dauphin County and Conewago Township, Lancaster County.

[5] Each minor was a party to his Indenture, in part because a minor could not contract by law, certain obligations were imposed upon the individual minor and an adult was entering into such Indenture on behalf of the minor. That is, each so indentured minor was burdened by certain obligations entered into by an adult on behalf of such minor.

[6] Paragraph 23 of Milton Hershey’s Deed of Trust requires tracking of each Scholar’s residence after leaving the School. Implicit in this language is the understanding that their Home remains in Hershey as a member of the School Family.

[7] As one will learn in Section 3.3, the formation of Milton Hershey’s Alumni Association occurred during 1930 and 1931. The first high school graduating class was in 1921. Thus, the first ten year period contemplated by Paragraph 23 of the Deed of Trust for a graduate of the school would have expired in 1931 (at the earliest) and Milton Hershey’s Alumni Association was formed the prior year in 1930. Consistent with Paragraphs 15 and 23 of Milton Hershey’s Deed of Trust and the Indentures, and to achieve optimal economic, logistical, and philanthropic results, Copenhaver, functioning under the direction and supervision of the Managers for and on behalf of Milton Hershey, the Managers, the Trust and the School, organized Milton Hershey’s Alumni Association as an unincorporated association as part of the School – that is, the permanent “institution.”

Note: This material has been excerpted from the book Hershey – Ideal Community for Orphans, by John F Halbleib. Many references in this excerpt are to such book; go to Books for more information.

Defining the School Family

The “School Family” is the institutional family created by the Hersheys; the original senior members of which were the Hersheys and others like the Copenhavers. The School Family is comprised of all of the past, present, and future Managers, school administrators, teachers, houseparents, staff, former students, and students of the school. The fabric of the School Family begins with the Current Beneficiaries and it is strengthened with the addition of those who as adults choose to become an integral component of the School Family – not solely out of a need for employment, but rather out of their individual commitment to and love for these unique Current Beneficiaries. Once one becomes a member of the School Family, such member will forever remain part of the School Family. The School Family is not designed to replace, nor compete with, biological families. Rather, it is designed to supplement them.

Picture 58: Members of the Early School Family ^[1]

Here are various members of the early School Family: From Left to Right – Top Row: Henry Hershey, M.S.’s Father, Veronica “Fanny” Hershey, M.S.’s Mother, Milton S. Hershey, and Catherine S. Hershey, M.S.’s Wife; Second Row: M.S. and Catherine Hershey and the Board of Managers circa 1944; Third Row: George Copenhaver, the Boys of The Hershey Industrial School in 1914, and Prudence Copenhaver.

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[1] Photos Courtesy of Milton Hershey School, Historical Records

Note: This material has been excerpted from the book Hershey – Ideal Community for Orphans, by John F Halbleib. Many references in this excerpt are to such book; go to Books for more information.

The School Family’s Role and Purposes in the Trust

Remember that it was mentioned earlier that a strong supportive family is a much sought after resource throughout the world. It is sought because a strong supportive family can play an outcome determinative role in one’s success – as family is often the source of one’s identity, confidence, comfort, direction, guidance, character – and the list goes on and on. The School Family is important to the school because it is the source of shared and enduring identity, tradition, loyalty and purpose, which serve to make the Hersheys’ Children’s Home the very best – not only as a children’s home but also as a family.

The School Family was established to serve as the unique source, and the continued inspiration, of shared and enduring identity, tradition, loyalty and purpose, as well as a central component in providing a real home for each of the Current Beneficiaries. Every member of the School Family has some responsibility for the long term heath and development of the School Family. As a covenant among all the members of the Alumni Association, the statement “we mutually pledge to each other our lives, our time, our abilities, and our sacred honor” has been formally adopted.^[1] The Alma Mater adopted in 1956^[2] reflects the deep commitment of the School Family to each other and has been repeated at most major events in confirmation of these mutual covenants:

All hail to thee, Milton Hershey

Thy loyal sons are we;

To stand by thee and each other,

Our pledge will ever be,

Thy brown and gold we cherish,

And thy traditions dear;

Proudly we sing thy praises,

For all the world to hear.

Then stand we firmly united,

Through all the years to come

By friendships and fond mem’ries,

Of youth and school and home,

We’re men of Milton Hershey

And vow to that great name,

Lives filled with strength and honor,

To add to Spartan fame.

The School Pledge^[3] reinforces the commitments of each individual and serves to demonstrate that this interdependent commitment originated early in the School’s development. The School Pledge that each student undertakes includes a promise that: “I will pledge myself to honor, to uphold, and to do all I can for the good of my school.” It follows that the fulfillment of Milton Hershey’s Alumni Association’s purposes is a first priority under these mutual covenants and individual undertakings that start when one is first admitted to the School but which undertakings never terminate. The following diagram illustrates the central role Milton Hershey’s Alumni Association plays, as well as the fact that all members have some responsibility for the long term health and development of the School Family.

Diagram 14: School Family and Milton Hershey's Alumni Association: 1930^[4]

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[1] Refer to the 1976 Declaration of Fellowship. Note that, by 1976, membership in the Alumni Association had been expanded to include all Former Students that had been members as well as other Former Students.

[2] This version of the Alma Mater was modified after girls were admitted to the School.

[3] The School Pledge was written by George Copenhaver in 1925.

[4] Of course, creation of Milton Hershey’s Alumni Association was designed as a means of enhancing the effectiveness of the School in these respects by having Milton Hershey’s Alumni Association play an important role is these areas. The Alumni Association was created to enhance the effectiveness of the School in these respects just as Hershey Estates was created to enhance the School’s effectiveness in other respects. Thus, Milton Hershey’s Alumni Association was Mr. Hershey’s next formal step in the development of the Trust following Milton Hershey’s creation of Hershey Estates in late 1927. However, unlike Hershey Estates, Milton Hershey’s Alumni Association’s role was geographically broader and was uniquely suited to enhancing the Trust effectiveness in discharging its Trust’s School Family Obligations.

Note: This material has been excerpted from the book Hershey – Ideal Community for Orphans, by John F Halbleib. Many references in this excerpt are to such book; go to Books for more information.

Historic Recognition and Verification of the School Family

That the Hersheys’ intended to, and did, create the School Family is further manifested through the fact that virtually all children who died prior to 1963 while at the school were buried at the Hershey Cemetery as part of that family. Six children who died while at the school and before M.S. died were buried in the cemetery plot just to the left of M.S.’s plot and five more children were buried on the same plot in the Hershey Cemetery after M.S. died and before 1963. Out of the fifteen children who died while admitted to the School, eleven were buried in the Hershey Cemetery as part of the School Family. Of the four who were not buried in the Hershey Cemetery, two had unusual circumstances. One such child had died at the school after having been admitted for only 20 days and another died while at the home of his biological family. These would both suggest strong biological family intervention at the time of death. The other two children who died while admitted to the School but were not buried at the Hershey Cemetery may also have had strong biological family intervention at the time of death.

Having these children buried near the Hersheys’ biological family plot, which contains Milton and his Mother, Father, and Wife, in the Hershey Cemetery manifests the Hersheys’ view of these children as their own and part of the School Family. On the other sides of the Hersheys’ biological family plot are Managers, who too are members of the School Family.

The Hershey Cemetery was first used in late 1918. Charles Harmon Swartz, a student who died while admitted to the School, was among the first (if not the very first) to be buried in the Hershey Cemetery in December 1918. M.S.’s Father and Wife – each of whom died before 1918 were moved to the Hershey Cemetery after having been interred. This special treatment of Swartz, who died on December 18, 1918, as well as the burial of ten additional children who died while admitted to the School and are buried in the Hershey Cemetery, manifest the close family relations intended through the School Family.

Moreover, Alumni of the school continue as an important component of the School Family pursuant to their School Family Benefits. At the heart of having a student home permanently dedicated to Alumni to facilitate their visits home is the Managers commitment to the School Family and the School Family Benefits. A clear reference to the H.I.S. Alumni Home as a unit and “Home” in its title expressly manifests that it remained a part of the Hersheys’ Children’s Home and facilitates visits by Alumni as members of the School Family. The term “unit” was used in reference to student homes. Thus, the use of the term “unit” and the reference to home in its title suggests that the H.I.S. Alumni Home constituted part of the Hersheys’ Children’s Home that was dedicated to the School Family pursuant to their School Family Benefits.

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Picture 59: Broad Acres, Unit No.1, “H. I. S. Alumni Memorial Home” ^[1]

In 1946, The Hershey Industrial School Alumni Association organized and operated the unit formerly known as Broad Acres as facilities to provide board and lodging for members of Milton Hershey’s Alumni Association; it was known as The H.I.S. Alumni Memorial Home. Student home Broad Acres was originally opened on January 4, 1932 for boys in grades 6-12. While in the 1940’s it was used as an Alumni House, in the 1950’s Broad Acres was used as a college hall for HIS students attending Hershey Junior College. Round Barn had been connected with this student home.

[1] Photo Courtesy of Milton Hershey School, Historical Records

Note: This material has been excerpted from the book Hershey – Ideal Community for Orphans, by John F Halbleib. Many references in this excerpt are to such book; go to Books for more information.