Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1865-03-17

To the Hon the justices of the Su-reme Judicial
Court held at Ellsworth for the County OF Ham
cock, ON the fourtH raesday OF October ~ D..
1871. In Chancery.
CHARLES !. ABBOTT of Cast ne in said Coun-
- ty, administrator de boHis non, OF the goods,
and estate which were of Leonard jarvis late OF
Surry, deceased respectfully represents that on the
twentieth day of in A. H., 1870, Theodore 'oes
late of Ellsworth, deceased, by certain deed OF
trust Of that a.e recorded at iancoc County Reg
isly on tile tiventysXth day of April, A. D., 1877,
coupled with II instrument or declaration OF trust
in writing executed by said jones and said Jarvis Mt
the time of the execution of said deed ana forming
part thereof, both of which arc TO be produced i'll
Court and reercd to, for the general purpose uf hey
ing Tic property improved and its value enhanced;
to the said Leonard Jarvis lot of lana in SAID hlls-
worth, then bounded Northwesterly by land OF An
drew Peters, Northeastcry by iahd OF te hrlfs o.,
William Bingham and others. sontheasteriy by lana
mortgaGed to said rheo. Jones by Henry > Jones,
and Soutlwesterly by Union River, land of henja-
min Jordan, Nathan G.. Howard, John &. Deaue,
Samuel Dutton and John Black, excepting one
fourth of an acre in possession of Nathan o. How
ard. one eighth of an acre in possession OF Samuel
Dutton, and about one third OF an acre III possess
ion of Asa A. Pond.
That it was provided in said declaration OF trust,
that said Leonard Jarvis should retain out OF the
proceeds of the sales of said lands, a reasonable
compensation for his services trustee and for all
his advances IN said capacity with interest thereon,
willie their amount should exceed the receipt OF
sales hand
That 1t was further provided that said Leonard
Jarvis should Immediately make Il VIII, in which he
should appoint 4 trustee upon his own disease 10
curry the objects of said trust and devise 10 him
the remaining trust estnte That said Leonard Jar
Wis The twcntyiittll day of June, \. D. le25 ac-
coFCingly made and eXeGuted his VIII agreeably TO
law in which lie appointed Charles Jarvis of Els.
worth said trustee. and devised to him the portion of
said trust estate remaining ut his decease That
said Leonard Jarvis deceased i'll the year A. H., 1885,
that his said Will dalY proved and allowed. by
the Probate Court for said County and said Charles
Jarvis accepted and executed said trust SO far as re-
lated to the Estate above described. That after the
execution of said trust deed and said VIII, to wit
the eleventh day of September A. b, 1915, said
Theodore Jones acquired title to another lot Of land
in Ellsworth adjoining the above described lot on
the South beginning on Union river at Il fast reck
thence North 40 y, East forty-;wo rods to stake
seventeen rods. three and two third links from the
North lot, thtnce North 30 J. East to an ash tree
marked l., thence North 46t- East to the head of
said south lot, thence North ~ i West seventeen
rods three and two third links to the corner of the
North lot, thence by the line of said North lot to
SAID Union river and thence by said river to the first
bound, excepting Il small lot sold to Hatch Macon
Der, and two small cores adjoining said Macomber
lot-lnd ON the same eleventh day of November, A.
D., $50, said Thee Jones conveyed said lot descTb
cd land, by deed duly executed, AM on the twenty
eighth day of November A. n, 1863 recorded at
said Registry to the said Leonard Jarvis to be held
subject to the provisions and trusts in all re-
spccts the lot first de bed was subject to. That
Of this lot last conveyed, the said Leonard Jarvis
made devise, nor did he appoint any trustee for
its management and sale, and at his disease. large
portion OF it, now of considerable value, remained
undSpoScd of, and the purposes of said trust, to
that, unpcrformed, That there is large balance
due the estate of said Leonard Jarvis, Tor advances
made by him to said Theodore Jones in pursuance of
said trust and for his charges and disbursements OIL
account of said trust property. That Ike said Leo.
Jarvis left heirs at his decease Charles Jarvis and
Susan Jarvis OF Ellsworth, Edward :. Jarvis OF
California, Joseph K. Jarvi, and Betsy :. Carr of
Illinois, and Sarah X Whiting of Ca>tine, now &C.
ceased, leaving two heirs, viz: Charlie. j. Whiting
and Samuel Il. Whiting both of Castine. That said
heirs decline to act trustees and TO manage and
dispose of said remaining Estnte, under the proNis-
ions of said trust Instruments but are ready u1der
the order Of this Court to transfer Whatever title i'll
said trust property, may have become vested in
them, TO such trustee the Court may appoint.
Wherefore yonr petitioner respectfully prays the
Court to consider this case in equity and to appoint
a trustee TO carry out the provisions of said trust,
and especially to dispose Of said unsold land, and
that said heirs may be ordered to convey to such
trustee such title they may have in the same, to
the end, that the estate of said Leonard Jarvis may
be reimbursed the balance due. aforesaid, and
said assets be disposed Of according TO law.
Cd. ABBOTT,
Admr. of LEoD JARVIS Estate.