Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1865-03-10

To the Hon. the Justices of the su rene Juticia
Court held at Ellsworth for the County Ut Han
cock, on the foSeeh Tuesday Of octoOcr' A. d.
iHXni.Es !. AisnOrT Of CASTING In said Coun.
~ ~, administration dc somis Non, OF ti,c Evocs'
surry. deceased, respectfully represents THAR on IRE
twentieth day Of Ju e, D., 1875, Thtoaufc J3.es
late Of E u.s., deeea,e * ce1ts,n niy iieS.
istry on the twenty.sixth day OF APRIL a. Di le2
Coupled with instFusnent or declaration Of trust
the time If the execution Of said deed and forming
part thereof both of which to be produced tu
Court and referred TO- for tie general purpose Of hsy
{; tod sh ss .a P5s Saa a.
rsr s sss s. sa The :.S s e
William Bingham and others, Sosteeasterly BY land
morfgaged to said Theo. Jonesby Henry 8, Jones,
min Jordan, Nathan G. Howard. john Q: Deane
Samuel DuttOn aud John Black, excepting ONE
fourth Of an acre in pOssessioh Of Nathan g. How.
ard eighth of an acre In possession OF Samuel
Duftan, and about one third Of an acre in Possess
ion of Asa A. Pond.
That it wa. provided in said declaration Of trust,
that said Leonard Jarvis should retain out Of the
proceeds Of the sales of said lands, reasonable
compensation for his services trustee and for all
while their amount should exceed the receipt Of
That it was further provided that said Leonard
Jarvis should Immediately make Will, In which he
should appoint q trustee upon hts own dlseAse to
carry out the objects Of said trust and devise to him
the remaining trust estnte That said Leonard jar
cOrdingy made and e4ecIted HE Will agtteably to
law, in which he appotn ed Charles Jarvis OF Ells.
said trust estate remaining At his decesse. That
said Leonard Jsrvis deceased in the yeer 4. b 1850
that his said Win YVES duly proved and ai;cwsd: by
jarvis accept and esecussd said trust SO lar as re.
lated to the Estate above described. That after the
execution of said trust deed and said VIII to W.T.,
Theodore Jones acquired title to ahofher lot 81 land
in Ellsworth adjoining the above described lot on
thence North Is 10. Fast forty.two rods to stake
seventeen rods. three and two third links from the
North lot, thence North 30 T. East TO an ssh tree
said south lot, thence North 10 as West seventeen
rods three and two third links to the corner Of the
North lot thence by the line Of said Nortn lot TO
said Union river and thence by said river to the first
bound, excepting small lot sold to Hatch Macon
Der, and two small cores adjoining said Macomber
d. 1sio said Theo. Jones conveyed said lot describ-
cd land, by deed duly executed and on the twenty.
eighth t..y of November, A. D., 1868 recorded ut
said Rcg.sry to the said Leonard Jarvis to be held
subject to the provisions and trusts in all re.
spects the lot first described was subject TO. That
Of this lot last conveyed, the said Leonard Jarvis
made devise, did he appoint any trustee Tor
its management aud sale, and ut his disease. large
portion Of it, now of considerable value. remained
that, pnperformed. That there il q large balance
due the estate of said Leonard Jarvis, FOR advances
made by him to said Theodore Jones In pursuance Of
said trust and for his charges and disbursements. OH
account Of said trust property. Ttst the said Lee:
Jarvis left heirs at his decease Charles Jarv: and
Susan Jarvis of Ellsworth, Edward s. Jarvis Of
California, Joseph X. Jarvis and Betsy s. Carr OF
Illinois, and Sarah X Whiting Of Castine. now de.
ceased, leaving two heirs Wig: Charles }. Whiting
and Samuel X. Whiting both Of Cestine. That sal!
heirs decline to net as Trustees and to manage and
dispose of said remaining Estate under the provis.
ions of said trust instrument, but are ready under
the order Of this court to transfer whatever title In
said trust property, may have become vested in
Wherefore your petitioner respectfully prays the
Court to consider this case in equity and to appoint
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. as aforesaid, and
said assets he disposed Of according to law.
CD. ABBOTT,
Admr. of I.Eo'D JARVIS Estate.