By Daniel J. Ossoff
Henry H. Thayer, a giant of the Massachusetts real estate bar and a former President of REBA (then the Massachusetts Conveyancers Association), died March 26, 2017, 20 days shy of his 80th birthday.
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| Henry H. Thayer, |
Henry was a 1958
graduate of Harvard College and a 1963 graduate of Harvard Law School. Between college and law school, Henry served in Korea from 1959 to 1960. That represented a portion of a long military
career – of which Henry was understandably very proud – that saw Henry serve in
the U.S. Army Reserve for 33 years, enlisting as a Private in 1955, receiving
his commission as a Second Lieutenant in 1958 and retiring with the rank of
Colonel in 1988. A member of the Field Artillery branch, Henry also
participated in Army Intelligence and the Foreign Liaison Service and was
awarded the Meritorious Service Medal in 1988.
Upon receiving
his J.D. from Harvard Law School, Henry joined Rackemann, Sawyer &
Brewster, and he spent his entire legal career at Rackemann. Henry was a part of the last generation of
title experts and conveyancers who grew up largely in the pre-title insurance
age. Younger than many of them – if not
in age than certainly in appearance and spirit - Henry learned from – and
quickly joined the ranks of – that group of notable members of the real estate
bar as Abe Wolfe, Orrin Rosenberg, Wiley Vaughan, Norman “Shorty” Byrnes and
others.
Henry was the
driving force behind updating and bringing back into
use Crocker's Notes on Common Forms, editing the eighth and ninth
editions for MCLE. In addition to
serving as president of the Massachusetts Conveyancers Association in 1988, he
received the MCA's highest honor, the Richard B. Johnson Award, in 1995. He was also a president of the Abstract Club,
and was a long-time and enthusiastic participant on the Club’s executive
committee.
In
addition, Henry served for many years as chair of the Joint Amicus Committee of
both the MCA – later REBA – and the Abstract Club. As noted by Chief Justice Margaret Marshall
when she poked her head into the 125th Anniversary Dinner of the
Abstract Club in 2008, Henry was absolutely unique in honoring the principal
that briefs – most notably those submitted by Henry on behalf of the Joint
Amicus Committee – should be brief.
Henry was also a fellow in the American College of Real Estate Lawyers,
elected to that group in 1984.
Among
his many philanthropic and charitable endeavors, Henry perhaps valued most his
work with The Cathedral Church of St. Paul in Boston, where he served as
chancellor from September 2005 through January 2013 and was a member of the
Cathedral’s Leadership Development Institute. In addition, Henry offered his
much needed love and support to St. Paul’s Church in Brockton, MA.
Those
are the facts, but those are only a small part of what his many friends and
colleagues will remember about Henry.
His fellow workers at Rackemann will remember the constant knocking on
Henry’s always open door, with the knock inevitably greeted with a “What to you
got?” Or, if he was feeling particularly
perky that day, a “Come forth and you shall be heard. God save the Commonwealth of
Massachusetts.” Greetings which could be
intimidating to young attorneys at Rackemann as they approached the “great
man”. But which one and all quickly grew
to understand simply meant that Henry was ready to drop everything that he was
doing so that he could assist you with your question or problem, which, as soon
as your knock was heard, became the most important thing on his desk at that
moment. And it was not just those within
his own firm to whom Henry extended his generosity. His phone would ring constantly with
questions from fellow members of the real estate bar. Henry invariably dropped everything and took
the call on the spot, and shared freely of his knowledge and experience. The one word which inevitably comes up in
discussions reflecting on Henry’s accomplishments and his contributions to our
legal community is “generosity.” Henry
gave freely of his time to all – almost to a fault if that is possible.
Henry’s
generosity was by no means limited to other members of the bar. He shared equally of his time with anyone who
sought his guidance or advice. Henry was
absolutely oblivious to status. At
Rackemann he was noted for treating everyone equally and as his equal: the folks in the mailroom, the secretaries
and receptionists, his fellow attorneys from the newbies right out of law
school to the most senior partners, and, of course, his cherished team of title
examiners. The service that was held for Henry at St. Andrews Episcopal Church
in Wellesley on April 12th was notable in part for the impressive
gathering of the best of the real estate legal community that was represented
there. But it was every bit as notable
for the many members of the support staff at Rackemann who made the effort to
attend the service for Henry out of a show of respect for a man who always
showed them the utmost respect and kindness.
His
generosity also extended in very real and tangible ways to those less fortunate
in our community. Just as he couldn’t
resist dropping everything for every knock on his door or call that came in
from a fellow member of the real estate bar, he also found it extremely
difficult to turn down the various pro bono cases that came his way. For many
years Henry participated in the BBA's Volunteer Lawyers Project. He also
contributed many hours of work over several years providing pro bono service to
the Dudley Street Neighborhood Initiative, serving as eminent domain counsel in
connection with the rejuvenation of the Dudley Triangle neighborhood in Roxbury
and Dorchester. In recognition of time that he donated to so many causes, Henry
received the Boston Bar Association’s Pro Bono Award in 1991 and the
Massachusetts Bar Association's Pro Bono Award in 1998.
We
will also remember fondly Henry’s love of railroad history and his love of rail
travel. If there was a way to get where
he wanted to go by train, Henry was on that train and not in his car or in an
airplane. Of course, his love of all things railroad evolved into his expertise
in the law of railroad titles, a subject on which he wrote and lectured
extensively and on which so many members of the bar looked to Henry for
guidance. There hung in
Henry’s office for years a framed map entitled “G. Woolworth Colton’s
Series of Railroad Maps No. 2, Maine, New Hampshire, Vermont, Massachusetts,
Rhode Island, Connecticut and Lower Canada” published in 1861. For those who knew him well, there is no
doubt in their minds that Henry had committed that map to memory, as he was
able to recite, without reference to notes, to files or to his famous box of
index cards, the history of rail lines throughout our part of the country – and
many from far afield as well.
But there was, of course, still more
to Henry for those who practiced with him, enjoyed REBA and Abstract Club
activities with him, or who counted him as a friend. There was the way he wrote a letter. His letters were beyond conversational – each
sentence being a separate paragraph with bits of wisdom sprinkled throughout
but with no excess formality and – most of all – no excess verbiage. It didn’t matter if the letter was one of his
many friendly missives to his fellow members of REBA or the Abstract Club, or was
a letter to the Chief Justice of the SJC or the Governor of the
Commonwealth. The style was the same and
unquestionably Henry’s. And, of course,
there was his quirky and at times unconventional wit. He loved to share a joke and have a good
laugh – occasionally at his own expense but not at the expense of others. His love of humor – the sillier the better -
and his tendency towards mischief, was truly infectious and made it a joy to be
in his company.
Above all, Henry remained throughout
his life, during good times and tougher times, the most humane of men, always
kind and thoughtful, concerned more about the welfare of others than about
himself. For those who had the honor and
privilege of knowing him well, we can’t imagine that there will ever be another
Henry. He will be profoundly missed.
Rackemann Sawyer & Brewster partner
and former REBA president Dan Ossoff delivered the remarks above at a meeting
of the Abstract Club on May 8, 2017
