Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1913-06-25
lrgaI Ns.iteg.
STATE OF MAINE.

- EsPECTFULLY represents w. Rodman
IN Peabody, Of Cambridge, Middlesex
county. commonwealth OF Massachusetts.
and c. Minot Weld twhose full name is Chris
topher Minot Weld), OF Milton. Norfolk coun-
ty, commonwealth Of Massachusetts,, trustees
under the will Of Francis NJ. Weld, late Of
Boston, Suffolk county, commonwealth OF
Massachusetts. said will having been duly
approved and allowed in said county OF Han
hereunder. said W. Rodman Peabody in his
individual capacity, and Francis W. Peabody,
two sons Of Cora Peabody named In said will
and grandchildren of the said Francis NJ.
Weld, and John Parkinson, ir., son OF Ger.
trude Parkinson named In said will, and
grandchild OF said Francis M. Weld.
That under and by virtue of the powers
conferred upon the trustees under said will
OF said Francis NJ. Weld the said w. Rodman
Peabody and said @. Minot Weld as trustees
by deed dated Junelo. 1910. and recorded June
Is, 1910, in book 40. page si2, In the Hancock
county, Maine, registry OF deeds, conveyed to
Charles S. Davis, certain lot or parcel Of
lard situated at Bar Harbor, Eden. Hancock
county, Maine. bounded and described there
in as follows to wit:
A certain lot or parcel Of land with the
building thereon. situated In that part of
Eden in the county of Hancock and State
OF Maine called Bar Harbor, being the
IL na Of es Mna lot OF F1ana con
Weld by deed OF stephen Higgins dated
August 20, 1889, and recorded with Hancock
northerly half Of said lot being bounded and
described as follows:
Beginning at the southwest erly corner of
land sold by said Higgins to Alpheus Hardy
at cedar stake; thence by line running
easterly on said Hardy's land twenty seven
rods to the ocean. more or less, and thence
to low water mark; thence turning and
running southerly on low water mark to land
convey to George r. Minot by Francis M.
Weld by deed dated June %, 1870, and re
corded in the registry of deeds for said Han
cock county, volume 209. page n; thence turn
! ing and running westerly on said Minot's
| land to point on the westerly line of the
4 nri thence nd nj ing
northerly on said line and bounded west on
] land of Linzee eight and one half rods to the
! point of beginning.
Together with and subject to the rights of
way deferred 10 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 %, 1870 and recorded in said
/ Hancock county registry OF deeds, volume
1877, page 537, In deed OF Francis NJ We'd to
George r. Mfnot dated June %, 1870. and re-
/ corded in said registry of deeds, volume 1877,
/ page 53s, and in deed of Francis NJ. Weld to
/ George X. Minot dated June ~, 1870, and re-
corded in said registry of deeds, volume 200,
4 page a.
June 10, 1910, recorded june 10. 1910 in said
/ registry in volume 40, page 3l5, conveyed the
same property ito him conveyed to said c.,
| Minot Weld individually; that the said sale
sdered purchase by said c G Mnot weid
\ individually OF property and estate held in
trust by the said Rodman Peabody and
| said c. Minot Weld a proper, valid sale
both in law and In equity that the said c.
Minot Weld in the purchase of said property
/ paid therefor full market value OF the said
property at that time, to wit, the 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 was the
| full market value 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
parties receiving and accepting their interest
therein, thus further confirming all of the
proceedings in the premises; that under and
| by virtueof said deeds said c. Minot Weld
acquired a valid and unassaiiable title to
said property therein described; ttat Eliza
| beth r. Weld, named in said will as 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 M. 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, ir. Through trustees upon
| said John Parkinson. jr.'s attaining the age of
| twenty five Years., said will OF said Gertrude
Parkinson having been also duly probsted
| and allowed in said probate court of said
| Hancock county; that the said Cora Peabod y
named in said will OF said Francis NJ. Weld is
/
TO the power of appointm, mt in said Cora
| Peabody under the said will of said Francis
| M. Weld as therein set forth; that the said
| b. Rodman Weld died on the twenty seventh
| day Of November a. d. 1903 leaving a last will
| and testament which has been duly probated
| in saio county Of Hancock and in which he
| devises any interest in said real estate to his
| nephews and neces living at the time of his
| death or to the issue OF deceased nephews
or nieces as by his will appears; that the said
John Parkinson, IT., is now more than twenty
| five years Of age; that the living persons be-
| 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.-ude W. Peabody, daughter OF said
| Cora Peabody, and Marion L. Weld. Eliza
n S'H Weld and john sA {. Weld, ali Of
children Of said 9. Minot Weld; that that
ceedings including your petitioners and all
others named, the following only are minors.
| to wit, said Elizabeth R. Weld, Margaret
Weld, Francis M Weld and John L. Weld, all
children Of said G. Minot Weld; that your
petitioners are trustees of the estate of said
| Francis M. Weld and persons interested in
the trust estate under said will Of said Francis
NJ Weld; that your petitioners or some of
them, except for the aforesaid deeds, have an
estate IN posse ssion in all said real estate;
and convey and is to deliver accordingly to
the Maine Central Railroad Company, a
corporation organized under the laws OF
Maine, q deed duly executed of all of said real
estate.
Wherefore our petitioners pray that the
said deeds and any sale hereunder to the
said @. Minot Weld be decreed to be valid and
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 OF
conveying all OF said real estate and any
possible interest of any person therein either
directly indirectly by. through or under
said Francis NJ. Weld, that this court under
and by virtue of revised statutes, chapter 70,
section . and section 10. and chapter rs, sec-
ton 4, and any other statutes or common law
hereto enabling, appoint the said W. Rodman
Peabody and said G. Minot Weld as trustees
and direct them as trustees herein appointed
and said trustees under said will OF said
Francis NJ. Weld to sell and convey all of
said re al estate. and to execute and deliver
deed thereof upon or after the delivery by
said @. Minot Weld OF his deed to said rail-
road company to said Maine Central Rail-
road Company for the consideration of the
sum of ten dollars; that the court decree this
sale and conveyance to the said Maine Gen.
trail Railroad 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
that the sums received by said W. Rodman
Peabody and said @, Minot Weld for said