171 Marlborough

171 Marlborough (2014)

Lot 27' x 112' (3,024 sf)

Lot 27′ x 112′ (3,024 sf)

171 Marlborough is located on the north side of Marlborough, between Dartmouth and Exeter, with 169 Marlborough to the east and 173 Marlborough to the west.

171 Marlborough was designed by architect Carl Fehmer and built in 1881 by Morton & Chesley, carpenters, and Benjamin F. Dewing, mason, one of two contiguous houses (171-173 Marlborough), designed as a symmetrical pair, with 171 Marlborough on a 27 foot wide lot and 173 Marlborough on a 24 foot wide lot. The two houses were built for merchant and ship owner George B. Upton, Jr., who is shown as the owner on the original building permit applications, dated June 13, 1881.

George Bruce Upton, Jr., and his wife, Geraldine Ipolite (Russell) Rivers Upton, made 171 Marlborough their home and sold 173 Marlborough. They had lived at 175 Marlborough during the 1880-1881 winter season. They also maintained a home in Milton.

The Uptons purchased the land for 171-173 Marlborough on April 11, 1881: a 26 foot wide lot to the east for 171 Marlborough which Geraldine Upton purchased from Henry Lee (part of a lot he had purchased from the Commonwealth of Massachusetts on April 25, 1871), and a 25 foot wide lot to the west for 173 Marlborough which George Upton purchased from Peter T. Homer (which he had purchased from the Commonwealth on April 5, 1881). On September19, 1881, George Upton transferred to his wife a one foot strip of land (including with the eastern 6 inches of the party wall between 171 Marlborough and 173 Marlborough) so that the two lots reflected the two houses as built, with the boundary line running through the middle of the party wall.

Click here for an index to the deeds for 171 Marlborough, and click here for further information about the land between the north side of Marlborough and Alley 418, from Dartmouth to Exeter.

Geraldine Upton died in March of 1885. George Upton continued to live at 171 Marlborough and in Milton. By the 1887-1888 winter season, he had been joined by his sister, Ellen Upton. She previously had lived at 11 Hereford with their sister, Elizabeth Upton.  Ellen Upton continued to live at 171 Marlborough during the 1888-1889 winter season, but moved thereafter, probably back to 11 Hereford. By 1892-1893 season, she was living at 275 Clarendon.

171-173 Marlborough (2014)

During the 1889-1890 winter season, George Upton was joined at 171 Marlborough by Francis Blake Rice, a retired cotton manufacturer, and his wife, Sarah (Sallie) Blake (Austin) Rice. They previously had lived at 31 Chestnut and, before that, in Worcester. They also maintained a home, Rockburn, in Jamestown, Rhode Island. By the 1890-1891 season, they had moved to 208 Beacon.

George Upton married again in April of 1890 to Alice (Henderson) Huntington, the widow of Dr. George Wolcott Huntington.  After their marriage, they lived in Milton.  During the 1892-1893 and 1893-1894 winter seasons, they also lived at 11 Hereford with his sister, Elizabeth Upton.

171 Marlborough was not listed in the 1891 Blue Book.

On July 15, 1891, 171 Marlborough was purchased from Geraldine Upton’s estate by Abbott Lawrence Lowell. He and his wife, Anna Parker (Lowell) Lowell, made it their home. They previously had lived at 73 Marlborough.

A. Lawrence Lowell was an attorney and later would become President of Harvard.

The Lowells continued to live at 171 Marlborough until mid-1909, when they moved to Cambridge following his selection as President of Harvard. He continued to own the house and lease it to others.

By the 1909-1910 winter season, 171 Marlborough was the home of Benjamin Preston Clark and his wife, Josephine Frances (Allen) Clark.  They previously had lived in West Roxbury.  They also maintained a home in Cohasset.  B. Preston Clark was a retired cordage manufacturer and internationally noted entomologist.  He also served as Consul for Guatemala and Haiti.

Anna Lowell died in March of 1930 and A. Lawrence Lowell retired from the presidency of Harvard in 1933.  He then moved back to 171 Marlborough, and the Clarks moved to 132 Marlborough, which had been the home of Josephine Clark’s father and step-mother before their deaths.

A. Lawrence Lowell continued to live at 171 Marlborough until his death in January of 1943. The Lowells had no children and 171 Marlborough was inherited by his nieces and nephews. On February 28, 1944, they transferred their interests to Caleb Loring and George Putnam as trustees on their behalf.

On March 10, 1944, 171 Marlborough was purchased from the trustees for A. Lawrence Lowell’s heirs by real estate dealer Joseph P. Brennan.

On June 1, 1944, it was purchased from Joseph Brennan by Hilda F. (Smith) Kirby, the wife of Edmund Whittemore Kirby, a wholesale jeweler. After purchasing the house, Hilda Kirby lived at 171 Marlborough and appears to had operated it as a lodging house. Her husband lived in Newton Centre.

171 Marlborough (ca. 1942), photograph by Bainbridge Bunting, courtesy of The Gleason Partnership

171 Marlborough (ca. 1942), photograph by Bainbridge Bunting, courtesy of The Gleason Partnership

On January 20, 1945, 171 Marlborough was acquired from Hilda Kirby by Harold E. Ditson, a machinist. He previously lived at 91 Belvidere. Anna S. Feodoroff (Fedorov) lived with him; she also previously had lived at 91 Belvidere.

Harold Ditson and Anna Feodoroff married in 1947 and on May 20, 1947, he transferred 171 Marlborough into her name. On June 1, 1949, she transferred the property into her name as trustee for their son, George Fedorov Ditson.

Harold Ditson died in August of 1962. Anna Ditson continued to live at 171 Marlborough.

According to the Massachusetts Appeals Court decision in City of Boston v. Anna F. Ditson, from 1962 to 1969 the Fire Department received numerous complaints about the accumulation of rubbish inside and outside the house.  Requests to remove the rubbish and inspect the house “proved unavailing.”

In July of 1969, a neighbor expressed concern about the safety of Mrs. Ditson.  The Police Department entered the building on suspicion of a sudden death.  They did not find Mrs. Ditson, but they did find rubbish piled almost to the ceiling, excrement, and about 25 cats.

On July 24, 1969, an abatement order was issued directing her to removed the rubbish.  After the deadline, the Fire Department entered the house and cleared it of the rubbish.  After that time, Mrs. Ditson “appears to have lived in a car at the rear of the house and continued to use the house for such purposes as keeping a varying number of dogs.”  In June of 1971, the house was damaged by fire; she was ordered to make repairs, but took no action.  The Building Commissioner engaged a contractor who undertook the work.

On May 7, 1970, the Suffolk County Land Court foreclosed the property for failure to pay real estate taxes and various liens and charges, including $11,671 from the Fire Department.  The foreclosure was appealed to the Appeals Court on the basis that it constituted illegal search and seizure, and the court sustained the foreclosure.  On June 26, 1976, the Supreme Judicial Court denied further review, and the US Supreme Court also denied review.

While the litigation was in progress, Mrs. Ditson continued to live at 171 Marlborough.  On May 12, 1971, the house was entered by the police in response to a complaint about barking dogs, and she was found to be keeping 25 Russian wolfhounds in one room.  She was charged with disturbing the peace.

On May 5, 1977, 171 Marlborough was purchased from the City of Boston by Arthur D. Simons. He transferred the property to Benjamin Gold, Alvin H. Miller, and himself, as trustees of Audubon Realty Trust.

In April of 1977, prior to Arthur Simons taking title to the property, the Audubon Realty Trust had filed for (and subsequently received) permission to repair the fire damage and establish its occupancy as six units.

As part of its remodeling of 171 Marlborough, the Audubon Realty Trust added a penthouse that apparently was not included in (or was significantly different from) the approved plans and had not been approved by the Back Bay Architectural Commission.  In November of 1977, the Building Department ordered all work to cease, and the Trust filed for (and subsequently received) permission to remove all portions of the penthouse visible from the street.  In December of 1977, the trust filed for (and subsequently received) permission to similarly reduce the height of the elevator head house.

On May 31, 1978, the Audubon Realty Trust converted the property into six condominium units, the 171 Marlborough Street Condominium.

169-175 Marlborough (2014)