Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-02-06
legal Notifies.
STATE or MAINE.

COUNTY OF HANCOCK ss.---
To the Supreme Judicial Court sitting ST ELS
worth, wiihin and for the county Of Ham
cock, State OF Maine.
TINE undersigned. William Rogers, OF
i Eden, Hancock county, Maine, and Allen
Il. Rogers, OF Orono, in the county Of Pepob-
scot, ia said State, respectfully represent:
First. That your petitioners are in posses
sion Of certain real property, namely: an
island lying in the mouth of Frenchman,s Bay
in the town of Winter Harbor formerly part
Of the town of Gouidsboro), Hancock county,
state Of Maine, now known by the name Of
Turtle Island, formerly known as Bern, Sam
mels, or Scammels Island, and at one time de-
scribed as Table Island, being one of the sew
eral islands described in deed from the
Commonwealth Of Massachusetts, by its Gem
missioner, 10 William w. PARROT, OF Glou-
cester, Massachusetts, dated June IS, 1920
and recorded November "a, 1920, in the regis
try of deeds for said Hancock county, Maine.
in book A., page 1875. Being the same island
known as Turtle Island described in deed
from William Handy to said William Rogers
dated May 4, 1888 and recorded May Z, 1888, in
vol. 1856, page 944 la said registry.
Second. That your petitioners and those
under whom they claim have been in uninter-
rupted possession OF said property for more
than ten years prior TO the date OF this petit
tion claiming an estate of freehold, to wit.
an estate in fee simple therein.
Third. That the source of your petitioners
title in and TO said property is as follows:
That of your petitioner, William Rogers is
except as to small portion hereinafter de.
scribed) the decd from William Handy to
William Rogers, described in the first para
graph hereof. That OF your petitioner Allen
r. Rogers is except as to small portion here
matter described) the deed from William
Rogers to Allen Il Rogers dated February z,
1893, and recorded in said registry for said
county of Hancock, in book s3l, page $50, con-
yeying to said Allen r. Rogers one undivided
half part of said property That the source
of your petitioners title to said small por-
ton of said island, to wit: lot near the
shore containing about one-eighth of an acre
is the deed from Bion II. Whitney to said
William Rogers and Allen e. Rogers Of even
date with this petition, and entered for record
in said registry of deed for said county of
Hancock said lot having been previously
conveyed TO said whitney by said William
and Allen E. Rogers by their deed dated De-
cember is, 1900. and recorded in said registry
of deeds, in book 357, page 2S7.
Fourth That an apprehension exists that
benjamin Freeman, formerly of Boston,
known claiming as heirs, devisees, assigns,
or in some other way, by, through, or under
the said Benjamin Freeman, and Thomas
sets, or some person or persons unknown
claiming as heirs, devisees, assigns, in
soid bna way ny ANA o the uI heir lng
Thomas Areyr formerly of Gouldsboro, Han
cock county, Maine, or some person per-
sons unknown claiming as heirs, deyisees, as
signs. or in some other way, by, through
under the said Thomas Arey. claim some
right, title or interest in the premises adverse
such apprehension creates a cloud upon the
title and depreciates the market value of said
property.
Fifth That the names and residences OF
the heirs of said Thomas Arey, and persons
known to your petitioners claiming under
said Thomas Arey are as follows:
Elsie Arey, wife of James Arey, of Goulds-
boro, Jane Bragdon, of sullivan, and George
Arey, of Sullivan, all in said county of Han
cock, Maine, being children of said Thomas
Arey.
Sixth That your petitioners believe, and
therefore represent that said Benjamin Free
man is deceased; and your petitioners further
represent that they do not know the heirs,
deyisees, or assigns. or persons claiming by,
through or under the said Benjamin Free
man; and your petitioners believe, and there
fore represent, that said Thomas Simmons is
deceased and your petitioners further repre-
sent that they do not know the heirs, de-
visees, or assigns, or persons claiming by,
through or under said Thomas Simmons; and
your petitioners further represent that other
than the persons herein named, they do not
know the heirs, deyisees. or assigns, or per-
sons claiming in any other way, by, through
or under the said Thomas Arey
Your petitioners therefore pray that per-
sonal service by copy OF this petition and
the said Elsie Arey, Jane Bragdon and
George Arey, and that service by publication
tor such length of time in such newspapers,
or by posting in such public places as the
court may direct, may be made upon all per-
sons claiming as heirs, devisees, or assigns,
or in any other way, by, through or under
said Benjamin Freeman, and all persons
claiming as heirs, deyisees, or assigns, in
any way, by, through or under said Thomas
Simmons, and all persons Except as herein
named) claiming as heirs, devIsees, or as
signs, or in any other way, by, through or I'M
der said Thomas Arey; and your petitioners
pray that such procedure may be had and
such decree made and recorded as is author
lied by Revised Statutes Chapter 104, Sec. 40,
being Chapter IS of the public laws of 1896,
and especially that decree may be made and
recorded that all persons named herein as
claiming under Thomas Arey. and all persons
alleged to be unknown claiming by, through
or under said Thomas Arey, and all persons
all IN ay ,lFtfaV a aif,afr1 hv
or under said Benjamin Freeman, and all per-
sons alleged to be unknown claiming by,
through OF under said Thomas simmons be
forever debarred and be estopped from hav-
ing or claiming any right or title adverse to
your petitioner in the premises described III
this petition. WILLIAM ROGERS.
ALLEN T.. ROGERS.
b. L. Clark, Counsel.
January Is, a. d. 1901.