Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1916-02-16

/ hAHCOSA 65s
Supreme Judicial Court in Equity
Richard W. Hale ct ais vs.. r. Samuel Robin.
son ct ais. To the supreme judicial court. In
Equity.
u ICHARD W. Hale, OF Dover, Massachu-
ham. Samuel job and Reginald M. John
son, trustees under the will Of Clifford Brig
ham, g Tappan Francis. Charles Francis,
Mary McGregor DaltoE, Frederic 8. Good win,
trustee for Harriet s. Jacques, also trustee for
all the other plaintiffs,
Complain Against
list. The heirs Of or persons claiming undo r
Samuel Robinson, late Of Newburyport,
Mass. including e. Samuel Robinson OF parts
unknown and persons unknown claiming
under him; and Olive r. Loud, of Merrimac,
End. The heirs OF or persons claiming
under William Lyman, IT,, late OF Eden,
Parker. Lizzie e. Moon, JOHN W. Corners,
alfred T.. Corners. Frank H. Corners.
Ghar,,s =. oonners, Myra E. Preble.
p Higgins. William f. Clark, all Of Eden,
Maine; Clarence Lyman, Mary /. Martin,
Cora A.. KimbaIl, all of Mount Desert,
Maine; Nancy Jane Smith. OF North Haven,
Maine; Charlotte Wright, OF saco, Maine;
Charles w. Lyman, Of Concord, N. H.; Lewis
conness. Clarissa T; Burroughs, both Of Bos-
Mass; Eta T. Wilson. of winthrop, Mass !;
Sarah T.. Hodgdon, Of Weymouth. Mass
william j.. Tufts, Of New York, N. ";
v. Lyman, OF San Francisco, California;; Eta
Hutchings, OF parts unknown, and persons
unknown claiming under her.
3rd. The Bingham Trustees. viz. Efing
ham B. Morris and John q. 10 nson, both Of
Philadelphia. Pennsylvania.
4th. Ebenezer Edgerly. formerly Of Eden,
Maine, now OF parts unknown, and persons
unknown claiming under him.
9th. Sharl F. Bunker. formerly Of EGen,
Maine now OF parts unknown. and persons
unknown claiming as his grantees, devisees,
1st. That the plaintiffs have made diligent
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
cluded by name and specific residence one or
more OF the class entitled to make such ad-
verse ella m, except in the case OF Ebenezer
Edgerly, and oil Charles f. Bunker, in each
Of which cases 1t is obviously Unreasonable
to expect that more should be done, as will
hereafter appear.
and at the date OF this bill some one OF the
plaintiffs, singiy or some two o more of them
as tenants in common or those under whom
they claim Nave 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
makc up Tue idHu ueTeiHdItcE uSsCFlDcus
claiming an estate of freehold therein, viz,
the fee simple.
srd. The several plaintiffs hold their sew
eral parcels by title derived from q number OF
common sources The property is known as
the Schooner Head estate and the several
portions OF 1t are connected with each
other and the ownership Of them is and has
been so interviewer. tat for purposes OF title
1t substantially consists Of one estate, and all
claims relative thereto may and ought 10 be
determined in this action.
hereinafter
called Schooner Head estate, Is situate at
Schooner Head in Eden, Maine, and is
bounded and described as follows: Begin
ming at the NORTH asterly corner thereof at
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
a bolt in the rcck. 100 rods beyond the ridge
OF Newport mountain; thence southerly by
two lines about 81 rods to another bolt in toe
rock; thence southeasterly ABOUT 70 rods to
bolt in the rock at the ridge of Newport
mountain; thence southerly along said ridge
to another bolt in the rock, corner with
thence southeasterly sbou. 1850 rods and
northeasterly about 1872 rods by land OF
Romans to the sea and the southsasterly
corner Of the original Lyman lot; thence by
the sea to the point OF beginning. A plan
showing the Schooner Head estate as above
described. cont aiming 800 acres more or less
and Identifying and describing the several
parcels contained therein. ana The plaintits
who are the owners thereof and of each par
Gel. will be produced at the trial OF this case
OLD. Inc history OF Lut SCuOOutT hrdu
estate, so far as material to this bill, is
as follows:
Subdivision "A'. clauses TO II, original
Lyman lot. (l) In 1887 the Legislature Of
Massachusetts by resolve granted TO Bartolemi
and Maria Teresa de Gregoire an undivided
half OF Mount Desert Island, reserying GER
tain rights 10 the original settlers thereon.
l2) In 1894 the supreme judicial court of
Massachusetts confirmed partition giving
the De Gregoires the eastern half OF said
island. (3) In 1892 the De Gresoires con
viewed the y OF the Schooner Head
! estate to William Lyman, ST., an original set
! tier, by oeed acknowledging his settlers title
! island, through Henry Jackson. TO William
/ Bingham. whose tile, so far as material
hereto, is now vested in the Bingham
trustees. (5) Ia 1916 Viii inn Lynn, ST.,
, conve, ed said eastern parl OF the schooner
! Head estate to William Lyman, lr. 10y In
/ 1878 William Lyman, jr. conveyed the mort h.
| eastern part to Ebenezer Edgefly and Robert
/ Edgerly. ~ In 1918 Robert Eagerly alone
! conveyed the whole OF said northeastern part
] by warranty deed to Clement Bunker, whose
! title thereafter vested in Samuel Robinson.
! 49, 10 1926 Samuel Robinson gave deed COW
I ering the southeastern part Of the schooner
| Head estate and a small piece OF the north
eastern part to William Lyman. jr., bat mis-
deed omitted small tract at the southeast
ern corner OF the estate. 49, Samuel Robin
/ 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. (l0l In 1853 the selectmen OF
| Eden conveyed the land so forfeited to Daniel
| h1mDhli, uuner WDOm the pihlulius CidlHl.
( with warranties against persons claiming
under the town and acknowledged the pay
ment OF the taxes by kimball. t1l) In 1852
the heirs of William Lyman, lr., conveyed
! the southeastern part OF the SCHOONER Head
estate with the small piece of the nor beast
eru part acquired under Robinson's deed OF
| 1925 TO John ), Lyman, under whom the plain
! tffs claim, but also omitted the small tract
| al the southeast corner omitted by Robinson
! in 1925 Subdivision "B'', Brewer lot, clause
| II. Q2) In isi5 JohG Black, as attorney for
/ the then Bingham trustees, conveyed the
western half of said Schooner Head estate
| to the plaintiffs predecessors in title, but
4 whether he could be authorized
I thereto by said trustees is doubtful. Subdi-
| vision ~, Bunker lot. (l3) About 1870 one
| Charles +. Bunker. owner OF the south
western part OF said estate, disappeared with
| out know wife, child, or will, and the PLAIN
| tiffs, Richard W. Haze aud Robert S. Hale,
| claim said southwestern part unuer 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