Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-01-30
ltsal Notifies,



STATE OF MAINE.
COUNTY OF HANCOCK S.
To the Supreme Judicial Court sitting at Ellis
worth. within and for the county of Han
THE undersigned. William Rogers, Of
a Eden, Hancock county, Maine, and Aller
q. Rogers, Of Orono, in the county Of Penob-
scot, In said State, respectfully represent:
First. That your petitioners are In posses
island lying in the mouth Of Ffenchmsn's Bay
Of the town OF Gouldsboro), Hancock county
State OF Maine, now known by the name Of
Turtle Island, formerly known as Hern, Sam
mels, or Scammels Island, and at one time de-
scribed MS Table Island, being one Of the sew
eral islands described in a deed from the
Commonwealth OF Massachusetts, by its Com
missioner, to William W. PARROT, OF Glou-
cester, Massachusetts,, dated June is, 1890
and recorded November "A, 1870, in the regis
try Of deeds for said Hancock county, Maine,
in book Al, 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 344, in 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 70 the date o. this petit
ton 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:
Except as to q small portion hereinafter de.
scribed) the deed from William Handy to
William Rogers, described in the first para
graph hereof. That of your petitioner Allen
b. Rogers is texcept as to small portion here
matter descrfbed) the deed from William
Rogers to Allen Z Rogers dated February Z,
1893, and recorded In said registry for said
county OF Hancock, in book ssi, page ss9, con-
veying to said Allen f. 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 K. 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
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,
Massachusetts,, or some person or persons un-
known claiming as heirs, devisees, assigns,
or in some other way BY, through, or under
Simmons formerly of 6oxbury, Massachu-
sets, or some person or persons unknown
claiming as heirs, deyisees, assigns, or in
said Thomas Simmons, and the heirs of
Thomas Arey, formerly of Gouldsboro, Han
cock county. Maine, or some person or per-
sons unknown claiming as heirs devisees, as
signs, or in some other way, by, through or
under the said Thomas Arey. claim some
right, title or interest in the premises adverse
to the estate Of your petitioners, and that
such apprehension creates cloud upon the
title and depTeciates the market value of said
property.
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 Ga not know the heirs,
through or under the said Benjamin Free
man; and your petitioners believe, aud 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 moi
know the heirs, devisees. 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 anc
order OF notice thereon shall be made upor
the said Elsie Arey, Jane Bragdon auC
George Arey, and that service by publication
| Tor such length of time in such newspapers
or by posting in such public places as thu
| court may direct, may be made upon all per
! sons claiming as heirs, devisees, or assigns
| or in any other way, by, through or undel
! said Benjamin Freeman, and all persons
! claiming as heirs, devisees, or assigns, or il
| any way, by, through or under said Thomas
| Simmons, and all persons Except as hereiI
! named) claiming as heirs, devisees, or as
| signs. or in any other way, by, through or un
| der said Thomas Arey; and your petitioner
! pray that such procedure may be had anC
| such decree made and recorded as is author
ized by Revised Statutes Chapter io4, Sec. 40
| being Chapter IS of the public laws of 1895
| and especially that decree may be made anC
| recorded that all persons named herein a.
| claiming under Thomas Arey. and all persons
| alleged TO be unknown claiming by, through
| or under said Thomas Arey, and all persons
| alleged to be unknown claiming by, through
or under said Benjamin Freeman, and all per
| sons alleged to be unknown claiming by
! through or under said Thomas Simmons b,
J forever debarred and he estopped from hav
| ing or claiming any right or title adverse Il
| your petitioner in the premises described Il
| this petition. WILLIAM ROGERS.
| ALLWS Il. ROGERS.
| B. L. Clark, Counsel