The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1916-01-06
STATE OF NAME
SOMERSET. IS.
SUPREME JUDICIAL COURT.
IN EQUITY.
Henry Brigg
] Ohm ] !. Sill
and parties =unkn vi

Henry Brigg
John J. T. Smill.
md parties unkn
To TIE SUPREME JUDl1AL COURT
Henry Briggs of Farmliyton. in tn,
County Of Franklin, an stat o.
Maine complains against John J. B
Commonwealth of ssaehusetts
whose present whereabout are to The
plaintin unknown. and agsnst various
other persons. whose Mans are to the
claimants under said JohnJ. b. Smith
To the premises hereinaftr described
and says.
l. one Horace X. Park1a an, former
y of skowhegan, in IN. County OF
Madison. in said county Somerset
on the 18th day of March A. D.. 1915
testate. And upon the scond Tues
day of May. A. d. 1915. IL will of the
said Horace X Parkman was duly
proved and allowed in le Probate
Court within and for sa. County OF
Somerset
IL Tie plaintiff was lined as ex-
ecutor by said Parkman in his said
will ard was appointed assuch by the
Judge OF Probate under i'd proceed
ings In said Probate Cert and has
since duly qualified as SUI
III Tie plaintiff is l. residuary
utAlStt lluPI the Will - Sdlh al n
man, and as such is the wner in fee
simple Of the premises heeinafter de
scribed
". said Horace X. L kman upon
the dale of his death w and for a
long time prior thereto. wit for
more than ten years. la. been seized
in fee simple of the follo'ng describ-
ed premises, to wit:
y certain lot or parcel land stu
ated in the Town of Mason. on the
w CT 81 a IJ1NHpn lie ca IL
ed bounded and describe as follows.
to wit:
COMMENCING at suited birch
tree marked "P" and eXteling rods
more or less distant frt the shore
of said Lake; thence mon westerly 4
rods, more or less. to hite birch
tree marked N; thence right an
giles with the first line rods to a
ing in the same direction low water
mark: thence southwestey by the
Lake rods more or les To stake
and three stones; thence the point
of beginning.
V. Said Horace X. ekman for
said period of ten years more prior
to his death had been. an he plaintiff
since the death of said rkman has
been in uninterrupted / session of
the land described In Par raph " of
this Bill. claiming an es of free
hold therein.
VI. Tie plaintiff is desous of de-
termining the claims or hts of said
defendant. John J. B. 81 h, and all
ct her persons TO the plail I. unknown
who may claim under sa John J. Il.
Smith any right. title Q interest in
and to the above desert d premises
and especially any claimwhich they
conveyance from said Hor q X. Park
man to said John J. B. NTH, dated
September ;, 1901, and corded in
Somerset County Registr Of Deeds,
Volume 255. Page los. WI lEsaid con-
veyance was made upon aafollowing
conditions to wit:
That the premises ereby con-
veyed shall never be I'D or con-
Neyed To George Il. irgrleNe OF
Skowhegan. Maine, be in any
way connected with ) property.
second that said plaises shall
never be sold or lea@l to objec-
tionable parties; tn that no
said premises; fourt that there
shall be erected and maintained
upon said lot a GOTTA Which cot
tage and out buildi1s Wall cost
not less than Fiften hundred
Dollars. fifth. that id premises
shall be used as IA Imher resi-
dence only; sixth. Il NE owner
of said premises her5y conveyed
shall bear such pro- rtiohal part
of the expense of 1lgt aiming a
drive WY from the 'opntN road
as the premises heI " conveyed
shall bear to the W 20 premises
originally owned by iaid Park =
man, seventh. that / o. of sale
of the premises her conveyed,
said Parllman shall ! the first
option of purchase"
vi. The conveyance kcribed In
rara graph VI constitute cloud up
on tie title of said Ilorao s. parkman
in his lifetime and that { lie plaintiff
at he present time for reason that
the fee To said land app 5 To be- as
a ma Ter al record, In Jpin j. Is
Snlih or his heirs, II he not llVlhs
whereas In fut n and Il tct cert IN
fohdlllonS 81 SAID deco, ntlN those
numbered and b IL ia convey
ance To said smith, Wer' ons since
broken by sud smith, WI more
lhaa ten years before thu Nm OF said
hartman. AMI by reason ereof said
deed ihefehN became and VOID
ana "l ne elect as again 1d ftofac'
Is. Parkman. and said IL X. Park
man iong ato To VII, ihan Ten
years prior I" his death efed upon
said premises by reason he breach
OF ~ conditions named sald deed
ana hfs 'Eff Sluce orcu tue SAM
aS aihieSlla canning II ~ It. SIM
pie. 49,,
VII The plalhilH h mad dlil-
gent inquiry Ia asceftal ne present
Mhereahnni oI the SAL .ohn > IS
smith and whether he 1oW llNlnt
or not. but has been VIII unable l.
acquire any information th refer
enc ihefel q.
Ittf9Rt the pla pfaNs.
guardian ad lifem to ap in behalf
OF and represent said 10 y. Smli Il
and all other. parties ndant In
not appear upon such e as this
Court may aui h9rize