Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1916-02-02


son ct ais. To the supreme judicial court. In
Equity.
DICHARD W. Hale, Of Dover, Massachu.
IL sets, Robert 8. Hale, Lincoln F. Brig
ham. Samuel johnson and Reginald M. John
son, trustees under the will d Clifford Brig
Mary McGregor Dalton, Frederic 8. Good win.
trustee for Harriet 8. jacques, also trustee for
all the other plaintiffs,
Complain Against
list. The heirs Of or persons claiming under
Samuel Robinson, late Of Newburypo
unknown and persons unknown claiming
under him; and Olive r. Loud. OF Merrimac,
And. The heirs Of or persons claiming
under William Lyman, IT,, late Of Eden,
Maine; including John s. Lyman, Alonzo w.
Parker. Lizzie b. Moon. job W. Corners,
Charles e. Corners. Myra u. Prebie,
Ida M. Morrison, F. Marion Rich, Herbert
P. Higgins, William F. CLARK. all Of Eden,
Cora A. Kimball, ali Of Mount Desert,
Maine; Nancy Jane Smith. Of North Haven,
Maine; Charlotte Wright. Of saco. Maine;
Corners. Clarissa T. Burroughs, both Of Bos-
ton, Mass John L. Tufts: OF Winchester.
Mass; Eta J T. wilson, Of winthrop, Mass
William L. TUFTS, Of New YORK, N. y;
Beatrice II. Lowtner, of Brooklyn. N. Vi =.
v. Lyman. Of San Francisco, California; Eta
unknown claiming under her.
3rd. The Bingham Trustees. viz: Efing.
pam sno sonn T. Do'n Oh
4th. Ebenezer Edgerly, formerly OF Eden,
Maine, now Of parts unknown, and persons
9TH. Shsri s +. bunker. formerly Of Eden,
Maine. now OF parts unknown. and persons
unknown claiming as his grantees, devisees,
or direct heirs,
and say
mn.
inquiry and are unable to ascertain more pre-
cisely the residences Of the persons above
named where not particularly described, or
the names and residences Of the heirs and
persons unknown, who are not named above.
Wherever the possibility Of defect in their
title is known to the plaintiffs they have in
more OF the class entitled to make such ad-
verse ella m, except in the case OF Ebenezer
Edgerly, and OF Charles +. Bunker, in each
| Of which cases 1t is obviously unreasonable
to expect that more should be done. as will
hereafter appear.
End. For more than forty years prior to
and at the date OF this bill some one OF the
PLAINTIFF, singiy or some two or more Of them
as tenants in common or those under whom
| they claim, have been and are In open, no.
| torious, exclusive and uninterrupted posses
sion under color Of title OF each OF several
contiguous parcels Of land which together
| make up the land hereinafter described,
| claiming an estate OF ehold therein, VIZ,
| the fee simple.
srd. The several plaintiffs hold their sew
| eral parcels by title derived from a number OF
| common sources The property IL 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
| it substantially consists Of one estate and ell
| claims relative thereto may and ought 70 be
determined in thi. action.
4th The land In question, hereinafter
called Schooner Head estate, Is situate al
| Schooner Head in Eden, Maine, and is
| bounded and described as follows: Begin
mir at he n0rthtastHrlY thereof
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
bolt in the rcck. 1o0 rods beyond the ridge
| OF Newport mountain; thence southerly by
two lines about ii rods to another bolt in tue
| rock; thence southeasterly ABOUT 70 rods to
F., bolt in the rock at the ridge OF Newport
mountain; thence southerly along said ridge
TO another bolt in the rock, 3 corner win
thence them sousbsasteriy sSout 1850 rods and
\ northeasterly about l32 rods By land OF
Romans to the sea and the southeasterly
corner OF the original Lyman lot; thence by
the sea to the point OF beginning. plan
! showing the Schooner Head estate as above
described. conf aning 800 acres more or less
I and identifying and describing the several
I parcels contained therein. and the plaintiffs
! who are the owners thereof and Of each par
Gel. will be pIoauced at the trial Of this case;
! 9th. The history OF the Schooner Head
estate, so far as material to this Dill. IL
as follows:
| Lyman lot. ~ In 1857 the Legislature OF
! Masss chusetts by resolve granted to Bartolemi
and Maria Teresa de GregoiIe an undivided
tain rights 10 the original settlers thereon:
| (2) In 1874 the supreme judicial court of
| Massschusetts confirmed a partition giving
island. (3) In 1892 the De Greeoires con
| veyed the eastern part OF the Schooner Head
| estate to William Lyman, ST., an original set
! tier, by deed acknowledging his settlers title
and - the remainder Of their hall Of the
island, through Henry Jackson. to William
Bingham. whose title, SO far a. material
trustees. t5) In 1916 William Lyman, sr,
conve, ed said easieIn par. of tbe' SCHOONER
Head estate 70 william Lyman, T.. 10y In
! eastern part to Ebenezer Edgefly ana Robert
| Edgerly. ~ In 1918 Robert Edgerly alone
conveyed the whole OF said northeastern part
! by warranty deed to Clement Bunker. whose
title thereafter vested In Samuel Robinson
| (s) In 1896 Samuel Robinson gave deed COW
! ering the southeastern part Of the schooner
1 Head estate and q small piece Of the north
eastern part to William Lyman. jr, but his
deed omitted q small tract at the southeast.
eIn corner OF the estate. ~ samuel Rooih-
eastern part prior to 1883 and the same was
| forfeited to the town OF Eden, for non pay.
| Eden conveyed the land SO forfeited to Daniel
Kimball, under whom the plaintiffs clalni
with warranties against persons claiming
/ under the town and acknowledged the pay
ment OF the taxes by Kimbail. uD In 1862
the heirs Of William Lyman, jr., convey ed
the southeastern part Of the Schooner II lead
estate with the small piece of the northeast
ern part acquired under Robinson's deed of
| 1875 TO John s. Lyman, under whom the plain
| tiffs claim, but also omitted the small tract
| 81 the southeast corner omitted by Robinson
! in 1925. Subdivision "B", Brewer lot, clause
| H. u2) In lSa5 John Black, as attorney for
the then Bingham trustees. conveyed the
western half Of said Schooner Head estate
| to the plaintiffs predecessors in title, but
| whether he was could be authorized
thereto oy said trustees is doubtful. subdi-
vision ''C', Bunker lot. (l3) 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 and Robert 8. Hale,
claim said southwestern part unoer a war.
| ranty deed from said Bunker'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
under various possible constructions Of the
Instruments referred to in paragraph s,