Ellsworth American., 1915-04-28
legal Nstsoes.
wv - --- -
STATE or MAINE.


HANCOCK ss.
supreme Judicial Court in EQUITY. |
Richard W. Hale ct ads W. r. Samuel Robin
son son st ais. To the supreme Judicial court. In
PICHARD W. Hale, Of Dover. Massachu- |
~ sets, Robert 8. Hale, Lincoln F. Brig
son. trustees under the will Of Clifford Brig |
nnhm, g. Tappan Francis, Charles Francis, |
mary McGregor Dalton. Frederic g. Goodwin,
all the other plaintiffs,
Complain Against
lst. The heirs OF or persons claiming under |
samuel Robinson, late Of Newburyport, |
Mass, including 4. Samuel Robinson Of parts
unknown and persons unknown claiming |
under him; and Olive r. Loud. OF Merrimac,
and. The heirs Of or persons claiming
Maine; including John s. Lyman. Alonzo w.
Parker, Lizzie E. Moon, John W. Conners.
Ani AIared e; oonnsrs. Frank h; cenns,s,
Heroer, P; Higgins. william F. CLARK, all Of
,n hnsp Cora % kss !. a. mons Maay
Maine; Nancy Jane Smith. OF North Haven,
Maine; Charlotte Wright, Of ssco, Maine;
conners, clalssa i. = BuTrousSs, % both S of o scs.
ton. Macs; John L. Tufts. Of Winchester.
Mass; Eta J. T. Wilson, Of Winthrop, Mass:
ssfnh %.m L. HoSsa.n Sss o e Ns. Toas Ma;
Beatrice Fl. Lowther, of Brooklyn, N. Y; e.
" Lyman, Of san Francisco. California; Eta
Hutchings Of parts unknown, and persons
unknown claiming under her.
srd. The Bingham Trustees. viz: Efing-
ham B. Morris and John g. johnson, both Of
Philadelphia, Pennsylvania.
nh. .,h. sbsnsser az Edserly; formerly o. Eden.
unknown claiming under him.
s,h. Charles F. Bunker. formerly Of Eden.
unk nown claiming as his grantees. devisees.
or direct heirs,
and say
lst. That the plaintiffs have made diligent
inquiry aud are unable to ascertain more pre-
cisely the residences Of the persons above
the names and residences Of the heirs and
persons unk nowu, who are not named above.
Wherever the possibility q defect ,hs IN their
cluded by name and specific residence one or
more Of the class entitled to make such ad.
IN ,hg {, sass
Of which cases 1t IL obviously unreasonable
TO expect that more should be done, as will
and. For more than forty years prior to
and a. the date Of this bill some one of the
plaintiffs. singly or some two or more OF them
as tenants In common OF those under whom
torious, exclusive and uninterrupted pos
session under color OF title OF each OF
several contiguous parcels Psna Srs o. iand which
scribed. claiming an estate OF freehold
therein. viz. the fee simple.
srd. The several plaintiffs hold their sew
eral parcels by title derived from a number
Of commcn sources. The property Is known
as the Schooner Head estate and the several
portions Of It are so connected with each
other and the ownership OF them Is and has
been so interviewer that for purposes OF title
1t substantially consists OF one estate, and all
claims relative thereto may and ought to be
tzsr.4 raj t4s4A in
4th. The land in question:, hereinafter
called Schooner Head estate, IS situate At
Schooner Head in Eden, Maine, and Is
bounded and described as follows: Begin
ming At the northeasterly corner thereof ut
the sea; thence running westerly by the origi-
nal north line OF the William Lyman lot on
land Of Bliss and by said line produced. to
n bolt In the rock, 100 rods beyond the ridge
OF Newport mountsin; thence southerly by
two lines about 81 rods TO another bolt In the
rock; thence southeasteriy about 70 RODS 10
bolt in the rock at the ridge OF Newport
mountain; thence southerly along said rioge
10 an ther holt in the rock. corner with
land of trustees Of public reservatiousi
thence southeasterly about l6o rods and
northeasterly about l3l rods by land OF
Homans to the sea and the sontheasteriy
corner Of the original Lyman iot' thence by
the sea to the point Of beginning plan
showing the Schooner Head estate as above
described. containing 800 acres more or less
and Identifying and describing the several
parcels co tanned therein and the plaintiffs
who are the owners thereof and OF each par
eel, will be proc uced 3, the trial OF this case;
5th. The history Of the Schooner Head
est te. so far as material to this bill. Is
as follow:
subdivision a., clauses / TO H., original
Lynam lot. "a In 1857 the Legislature OF
Massach usetts by resolve granted to Bartolemi
and Maria Teresa de Gregoire an undivided
half OF Mount Desert Island, reserving GER
tain rights to the original settlers thereon:
(2) In 1894 the supreme Judicial court OF
Massachusetts confirmed partition giving
the De 0regoires the eastern bali OF said
island 81 In i7S2 the De Gregoires con.
veyei the eastern part OF the Schooner Head
estate to william Ly nam. sr, an original set
tier, BY deed ack knowledgingh his settlers titie
island, through Henry Jackson, to William
Bingham, whose title, so far as materiai
hereto. is now vested In the Bingham
conveyed said eastern part OF the schooner
Head estate to William Lyman, 1r 6) In
1878 William Lyman, jr.. conveyed the norm.
Edgerly. Ia In 1913 Robert Edgerly alone
conveyed the whole Of said northeastern part
by warranty deed TO Clement Bunker, whose
title thereafter vested in Samuel Robinson.
is) In 1925 Samuel Robinson gave deed COW
ering the southeastern part OF the schooner
Head estate aud small piece OF the nortn-
eastern part to william Ly nam, IT,, but ms
deed omitted small tract At the southeast
ern corner OF the estate. (el samuel hopin-
son abandoned the remainder OF the north-
eastern part prior to 1853 and the same was
forfeited to the town OF Eden, for non-pay-
ment of taxes. (lD) In 1883 the seiectmen OF
Fden conveyed the land so forfeited 10 DahieI
KimbaiI, under whom the plaintiffs claim.
with warranties against persons claiming
under the town and Acknowledged tue pay.
Dept OF the taxes by Rimball. uD In 1852
the heirs OF William Lyman. tr.. conveyed
the southeastern part of the schooner Head
estate with the small piece OF the northeast,
ern part acquired under Robinson's deed oil
1925 TO John s. Lyman. under whom the plain.
tifis claim, but also omitted the small tract
At the southeast corner omitted by Robinson
in is25 Subdivision "B" Brewer lot, clause
i2 (i2l In Isss John Black. as attorney for
the then Bingham trustees, conveyed the
western half OF said Schooner Head estate
10 the plaintiffs predecessors in title, but
whether he was or could be authorize
thereto b, said trustees is doubtful suodl-
vision "C'', Banker lot, flS) About 1870 one
Charles f. Bunker, owner OF the south
western part OF said estate, disappeared with
out known wife. child, or will. and the plain
tiffs' Richard w Hale aud Robert s. Hale,
claim said southwestern part under war,
rapty deed from said Banker's father and
brothers. ,
9Th, The several defendants claim, or may
claim some right, title or interest in the SAID
Schooner Head estate as follows;
The Bingham trustees may claim the shore
,n-ar rariaua Dossible constructions OF the