Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1913-06-18
lrga. NS..trs.
STATE OF MAINE.

Court in and for the county OF Hancock.
u EsPEcTFuLLY represents w. Rodman
-, Peabody, Of uamordge, M na,s
and @. Minot Weld (whos. full name is Chris
TOPPER Minot Weld. Of Milton. Norfolk coun-
ty, commonwealth OF Massachusetts,, trustees
under the will Of Francis M. Weld, late OF
Boston, Suffolk county, commonwealth Of
Massachusetts. said viii having been duly
approved and allowed in said county OF Han
cock, and letters issued 10 the said trustees
Hereunder. said W. Rodman Peabody in his
individual capacity. and Francis W. Peabody.
two sons OF Cora Peabody nance in said win
and grandchildren of the said Francis NJ,
Weld, and John Parkinson, IT,. son Of Ger.
trnde Parkinson named In said will, and
grandchiid OF said Francis NJ. Weld.
That under and by virtue Of the powers
conferred upon the trustees under said will
OF said Francis N. Weld the said w. Rodman
Peabody and said @. Mnot Weld as trustees
by deed dated June 10, 1910, and recorded June
10. 1910, In book 40, page sl2, In the Hancock
county, Maine, registry OF deeds, conveyed to
Charles s. Davis. certain lot or pa:eel of
land situated at Bar Hsrbor, Eden, Hancock
county, Maine. bounded and described there.
in as follows, to wit:
building thereon. situated in that part OF
Eden in the county of Hancock and State
Of Maine called Bar Harbor,. being the
yeyed to George r. Minot and Francis NJ,
Weld by deed OF stephen Higgins dated
county deeds, volume 1875, page lss,. said
northerly half of said lot being bounded ard
de scribed as follows.
Beginning at the southwest rly corner OF
land sold by said Higgins to Alpheus Hardy
At cedar stake; thence by a line rupning
easterly on said Hardy's land twenty seven
to low water mark; thence turning and
running sontberly on low water mark to land
convey to George r. Minot by Francis NJ
Weld by deed dated June %, 1870, and re
corded In the registry of deeds for said Han
cock county, volume 200. page a; thence turn
ing and running westerly on said Mipot's
l.. xsw.s 81. l..a ~ H..
original lot; thence turning and running
northerly on said line and bounded west on
land OF Linzee eight and one half rods to the
Together with and subject to the rights Of
way referred to in said deed of Stephen Hig-
gins to George r. Minot and Francis NJ. Weld,
in deed Of George r. Minot to Francis M.
Weld dated June q. 1870 and recorded in said
Hancock county registry of deeds, volume
1877. page 5s7. in deed OF Francis NJ. Weld to
George r. Minot dated June %, 1870, and re-
corded in said registry OF deeds, volume 1S7.
page 53s, and in deed of Francis NJ. Weld to
George r. Minot dated June az, 1870, and re-
corded In said registry OF deeds, volume 2o9,
page "a.
And the said Charles S. Davis by deed dated
June 10, 1870, recorded June Is. 1910 in said
registry in volume 40. page Si5. conveyed the
| same property ito him conveyed to said G..
Minot Weld individually: that the said sale
aa as by said G. Minot Weld
trust by the said Vt. Holman Peabody and
sAlu u. miuot " tIu was u pFtItfs Vhllu Shit
both In law and In equity; that the said c.
Mipot Weld in the purchase of said property
| paid therefor full market value of the said
| property 81 that time, to wit, the sum Of
fifteen thousand dollars; that the estate OF
said Francis NJ. Weld received the sum OF
fifteen thousand dollars for the sale of the
property in the premises; that this the
| full market valne of said property at that
time; that said sale and said conveyances
were approved and confirmed by all of the
| living parties interested in said property;
| that the money received by said trustees for
the sale OF said property was applied as per
| the terms of trust under said will, the living
parties receiving and accepting their interest
therein, thus further confirming all Of the
proceedings in the premises; that under and
by virtne OF said deeds said g. Minot Weld
| acquired valid and unassailable title To
said property therein described; tt at Eliza
beth r.. Weld, named in said will the
wife OF said Francis NJ. Weld, died on the
| twenty eighth day OF February. a. d. 1897;
| that upon her death said trust to her
| ceased; that upon her death the sons of said
| Francis III. Weld. to wit B. Rodman Weld and
said C. Minot Weld. became entitled to their
share in said trust estate that said Gertrude
| Parkinson died on the eighteenth day Of June
a. d. 1904, having in her last will exercised the
| power of appointment given to her under the
| said will of said Francis NJ. Weld by transfer.
| ring her interest in said real estate to her son
| John Parkinson jr. Through trustees upon
said John Parkinson. jr.'s attaining the sge Of
| twenty-five years., said will OF said Gertrude
| Parkinson having been also duly probated
| and allowed in said probate court of said
Hancock county; that the said Cora Peabody
named in said will OF said Francis NJ Weld is
still living. and that said real estate is subject
| to the power Of appointing Mt in said Corr
Peabody under the said will OF said Franci.
| NJ. Weld as therein set forth; that the sale
| b. Rodman Weld died on the twenty seventh
day of November a. d. 1909 leaving last will
| and testament which has been duly probated
| in said county of Hancock and in which he
devises any interest in said real estate to hi,
| nephews and nieces living at the time of his
death to the issue OF deceased nfphews
| or nieces as by his will appears; that the SAID
John Parkinson, r.. is row more than twenty
| side your petitioners who can in any way be
| interested in said real estate are the said
Cora Peabody (also known as Cora W, Pea.
body), Ger trude W. Peabody, daughter OF said
Cora Peabody, and Marion L. Weld, Eliza.
beth r. weld. Margaret Weld. Frances
Milton, Norfolk county. Massachusetts
| children OF said G. Minot Weld; thai
of all persons interested under these pro
/ others named. the following only are minors
/ 10 wit. said Elizabeth r, Weld, Margare
\ Weld, Francis NJ. Weld and John L. Weld, al
children of said g. Minot Weld: that YOU
| petitioners are trustees of the estate of sale
the trust estate under said will Of said Francis
| M. Weld; that your petitioners some o.
them, except tor the Aforesaid deeds, have al
| estate In posse ssion in all said real estate
that said O. Minot Weld has arranged to sci
| and convey and Ia to deliver accordingly Il
| the Maine Central Railroad Company,
1 corporation organized under the laws o.
| Maine, deed duly executed OF all Of said rea
| estate.
| Wherefore your petitioners pray that tn.
i said deeds and any sale hereunder to the
i said @. Minot Weld be decreed to be valid anc
Il binding both at law and in equity. but that
\ for the purpose OF confirming said sale and
said deeds and in addition for the purpose oil
gsconveyiug all of said real estate and any
| possible Interest of any person therein either
directly or indirectly by. through or under
said Francis NJ. Weld, that this court under
| and by virtue OF revised statutes, chapter TO-
| section and section TO- and chapter rs, Sec
| tion 4, and any other statutes or common law
| he reto enabling. appoint the said w. Rodman
| Peabody and said c. Minot Weld as trustees
\ and direct them as trustees herein appointed
\ and said trustees under said win of said
| FrRncis NJ. Weld TO sell and convey all OF
| said n al estate, and TO execute and deliver a
| deed thereof lapon or after the delivery by
| said @. Minof Weld OF his deed to said rail-
| road company to said Maine Central Rail :
| road Company for the consideration OF the
| sum 81 ten dollars; that the court decree this
| sale and convesaI ce to the said Maine Cen.
| trail Ra&lrosd Company is necessary and ex.
pedient, and that such conveyance to said
railroad company shall be binding and
valid upon all parties; that the court direct
i that the Enms received by said W. Rodman