Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-08-26
STATE OF MAINE

cross ~ SARAH ELLEN J. ROBIN
70 a. saDTems Judicial Court. In
TSs cxreA sf the Holy cros. a
corporsf5oo existing By Law and hav-
ing q pneD - business 1t Gardiner IN
said County OF Kennebec and State OF
J. Robinson and William H Morse.
both OF West Gardiner IN said County
OF Kennebec. Frances <. Morse, COM
rnorant of said West Gardner. Ernest
Cumberland and william c. Morse of
East Livermore IN the County Of An
droscoggin- Ray 6. Morse Of Bangor
IN the County Of Penobscot and Agnes
Morse OF Manhias in the County of
Washington. all in said State Of Maine
Josephine Littlefeld. oliver Sampson
and Sophia Dill. all formerly of Hal
lowell in said County of kennebec
whose present residence is TO your
complainant unknown. and though it
has used reasonable diligence. cannot
ascertain the same. William R. Seavey
Of New York CITY in the state Of New
York. Elmer Seavey Of Johnstown, in
the state Of Pennsylvania, and Ida
Tansell OF Washington IN the District
Of Columbia. all being heirs of Har-
rlet 2 Whitnore. late Of said Gardi-
rer. deceased, and other persons I'M
known TO your complainant. who may
be heirs at law Of said Whitmore. and
says
i. on the nth day Of January- 1892;
the First Congregational Parish Of
Gardiner. by Will OF Harriet +. Whit
more duly probateo and allowed Yin
the Probate Court for kennebec Coun-
~. copy Of which is hereto annexed
and made z part of this hill an abb
stract Of which was duly recorded IN
kernebec Registry of Deeds. Book 3se.
Page .e2 as follows:
probate ONCE kennebec COUNTY:
FEB. 4. 1872
I herehv certify that the last will!
and testament Of Harriet Z Whitmore,
late Of Gardiner IN said County de-
ceased. was proved. approved and al
lowed by the Judge of Probate for SAID
County, at court held at Augusta, on
the eleventh day of January 1892: and
that the following is true copy OF SO
much OF SAID will as devises real es-
tate n the County aforesaid:
Fourth 7 give and devise TO the
First Congregational Parish Of Gar
diner. Maine, having place of wor-
snip on Brunswick Avenue in said
Care ner. the house and lot now occu-
pied by ne as a homestead on Bruins
wick Avenue aforesaid as parsonage
sixth. | give bequeath and devise to
said Ellen J. Whitmore of Brunswick.
Maine her heirs and assigns forever
all the rest. residue and remainder of
my estate. personal and mixed. vher-
ever found and however situated"
Attest: HENRY OWEN.
kennebec. SIS, Rec. Feb. T. 1872
Entered and compared
G. r. SMITH. Register"
ACQUIRED the title in fee simple to the
following described real estate situate
in said Gardiner ana bounded Easter
y by Brunswick Street, so called ana
land of said Giddings: Westerly by the
lot Of land known a. the Neal street
school House lot and land of Joshua
Gray and Northerly by land Of Level
Ism Perry and land of one Hildreth.
excepting the parcel of land conveyed
by said Parish to ". p Giddings by
deed dated March %. 1917 and record
ed in Kennebec Registry of Deeds,
conveyed to Arthur l.. Perry and Mary
!. Perry by deed dated March s, 1919
and recorded in said Registry, Book
90 Page rs. being the premises owned
and occupied by said Harriet Z. Whit
more as a homestead at the time of
her decease
= On the ath day Of December 1919
eald First Congregational Parish by
It's warranty deed conveyed the afore-
said real estate to the Church of the
Holy Cross.
g. Tire said Church of the Holy
Gross now holds said property under
ard by reason of said warranty deed
and claims the title n fee simple OF
said real estate
{. That the plaintiff and those
under whom ne claims. have been in
erty for more than four years next
preceding the date Of this petition. 10
wit: the plaintiff since said ninth day
OF December 1919, and its immediate
grantor since ed lltn daF of Janu-
airy 1892
5. The said Church of the Holy
Cross now desires 10 sell said real
estate.
s The plaintiff is informed and be-
lieve. and therefore AYERS that the
aforesaid heirs OF Harriet E. Whit
more claim that the provisions of said
will created condition subsequent
which will cause forfeiture II the
property is devoted to other uses.
:. For the reasons hereinbefore set
forth the plaintiff is advised and ne
lieves and therefore AYERS that the
said hers may claim title To the said
real estate hereinbefore described. and
devised by the said Harriet e Whit
more to said First Congregational
Parish. but no suit or action whatever
such title. and the plaintiff saws that
the said claims are without founda-
ton. unjust and vexatious and consti-
tu,e cloud on the title of said prop
e-ty.
s ~ reason of such claims the
title of the plaintiff to the said real
estate is greatly affected and the mar
ket value thereof deprecated. The
about the 18th day of June 1920.
agreed with one Bennett Slosburg TO
sell and convey 20 the said Siosburg
the said real estate. The said Ben
nett Slosburg ana the plaintiff both de-
sire to carry out the said agreement
hu, the said Bennett Slosburg has re-
fused ard declined TO 10 so on account
OF claims made BY the said defend
ants and mis- apprehension that ne
might have difficulty in disposing of
the land on account of this cloud on
the title.
WHEREFORE the plaintiff prays:
he NO
provisions OF said viii are not such as
viii cause forfeiture Of said real
estate II it is devoted to uses other
thsn those mentioned in the will.
. That II may be decreed that the
said real estate. free Of an" and all
conditions arising bv or under the
provisions Of said will and has full
power and authority TO sell and convey
said real estate and to give valid
title n the same
5. And tina, the rlaintf may have
such other and further relief as the
nature Of the case may require.
THE CHURCH OF THE HOLY CROSS
Ry LANGDON DUMMY. Regent
MCLEAN. F0GG & SOCTFARD.
solicitors for Plaintiff
l;e Il Rene m bercd that I. Harriet Z.
Whitmore OF Gardiner IN the County
NJ kenneoec in the State of Maine, be-
ing of sound mind and memory but
knowing the uncertainty of this life
DO make this my last will and tesla
nert
After the payment of nv inst debts
funeral charges and expenses of ad-
ininlstratlon, dispose Of my estate as
follows.
Frs; | give End hequedth to John
=. Perry nf Brunswick County IF