Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-09-02
STATE OF MAINE

SON EFT AIS.
The Church OF the Holy Cross a
Corporation existing by law and hay
ing pace .. business al Gardiner in
said County OF Kennebec and State Of
J Robinson and William II. Mcrse.
both OF West Gardiner IN said County
Of kennebec. Frances +. Morse. com
Tnoraut of said West Gardiner Ernest
r Morse Of Portland. in the County OF
Cumberland and William c. Morse of
East Livermore in the County Of An
droscoggin. Ray. $. Morse OF Bangor-
In the County Of Penobscot and Agnes
Morse Of Machias in TIE County OF
Washington all in said State of Maine.
Josephine LittieheId. Oliver Sampson
and Sophia Dill all formerly Of Hal
lowell in said County Of kennebec
those present residence is to your
complainant unknown. and though il
has used reasonable diligence, cannot
ascertain the same; William r. Seavey
Il New York City IN the state of New
York. Elmer Seavey Of IohnstoWn. in
the State Of Peunsyiyani and Ida
TanseIl Of Washington in the District
Of Columbia. all being heirs Of Har-
net e Whitmore. late OF said Gardi-
ner, deceased. and other persons IN
known 20 your complainant, who may
be heirs at law Of said Whit'nore, and
says:
l. On the IIth day of January. 1882.
the First Congregational Parish Of
Gardiner. by Will of Harriet r. Whit
more. duly probated and allowed in
the Probate Court for kennebec Coun-
t.. a copy Of which is hereto annexed
and made Il part of this hill. an alb
stract OF which was duly recorded in
Kennebec Registry Of Deeds, Book $50,
Page 452 as follows:
Probate once kennebec County.
Feb I. 1892
hereby certify that the last will
and testament Of Harriet r Whitmore.
I-s - 4
ceased. was proved, approved ard al
lowed by the Judge 81 Probate for said
County. at Il court held at Augusta. on
the eleventh day Of January 1892; and
that the following - a true copy of 50
much Of said .iil as devises real es-
tate in the County aforesaid:
Fourth. I give and devise TO the
First Congregational Parish OF Car
diner, Maine. having place OF wor-
snip on Brunswick Avenue in said
Gardiner the house and lot now occu-
pied by me as homestead on Bruins
wick Avenue aforesaid. as parsonage.
Sixth. | give. beqUeath and devise TO
said Ellen J. Wh.tmore OF Brunswick,
Maine. her heirs ard assigns forever
all the rest. residue and remainder Of
my estate, personal and mixed. wher-
ever found and however situated
Attest: HENRY OWEN
hennebec. IS: Rec. FEB. {. 1872
at IN sam =. W
Entered and compared
q. X. SMITH. Register"
acquired the title in fee simple TO the
following described real estate situate
in said Gardiner ana founded Easter
" by Brunswick Street. 50 called and
land Of ". i. Giddings. Southerly by
land Of said Gidd!ngs; Westerly ~ the
lot Of land known a the Neal street
School House lot and lana Of Joshua
Gray and N0rtherly ~ land OF Level
Ign Perry and land Of one Hildreth
excepting the parcel Of land conveyed
Z Z 10
deed dated March -. !@l1 and record
cd in kennebec Registry nf Deeds
Book 55i Page $50. Also the parcel
conveyeJ 10 Arthur l. Perry and MARI
\. Perry b. deed dated March $, 1919
and recorded in said Registry. Book
5I4 Page 70. being the premises owned
and occupied By said Harriet +. Whit
more as a homestead az the time Of
? on the 9Th day Of December 1918
said First Congregational Parish ~
its warranty deed conveyed the afore-
said real estate 70 the Church OF the
;. The said Church Of the Holy
Cross now holds said property under
and by reason Of said warranty deed
and claims the title in fee simple of
said real estate.
/ That the plaintiff and those
under whom jse claims. have beer in
uninterrupted possession Of said prop
erty for more than four years next
preceding the date Of this petition. to
wit. the plalntirf since said nirth day
Of December 1919. and its Immediate
Erantor since cc.1 l1th day OF Janu-
:. TIE said Church of the Holy
Cross row desires 10 sell said real
estate.
:. The plaintiff is Informed and be-
i:eves. and therefore AYERS that the
aforesaid heirs OF Harriet l.. whit
more claim taat the provisions Of said
Will created condition subsequent
which Will cause forfeiture If the
property * devoted 10 other uses.
:. For the reasons hereinbetore set
forth the plaintiff is advised and be-
lieyes ard therefore ayers that the
said heirs may claim title to the said
real estate herei2before described. and
devised by the said Harriet r Witt
more 70 said First Congregational
Parish. but no suit or action whatever
- pending TO enforce the validity Of
such title, ard the plaintiff SAYS that
the said claims are without foUnda-
ton. unjust and vexatiOus and coHsti-
tute cloud on the title OF said prop
erty.
: By reason OF such claims the
title OF the plaintiff 70 the said real
sstate is greatly affected and the mar
ket value thereof deprecated. The
said. Church Of the Holy Cross on or
about the 10th day of June 1920.
sell and convey 70 the said Slosburg
the said real estate. The said Ben
nett Slosburg and the plaintiff both de-
s,Te TO carry out the said agreement.
but the said Bennett SIOsburg mas re-
fused And declined 10 do so on account
III claims made by the said defend
ants. and his apprehension that he
might have difficulty IN disposing Of
the lard on account of this cloud on
the title.
WHEREFORE the plaintin prays:
l. That il may be decreed that the
provisions Of said will are not such AZ
%.i cause forfeiture Of said real
estate II il is devoted TO uses other
than tnose mentioned in the will
,. That < may be decreed that the
V.aintifY te$ the title in fee simple OF
said real estate. free of any and all
conditions arising by or under the
provisions II said will. and has full
power and authority TO sell and convey
aid real estate and To give d valid
t!tle 10 the same
= And thas the plaintiff may have
such other ard further relief as the
nature Of the case NAV rrcuira
THE CHURCH OF THE HOLY CROSS
- IA. tII't'-' ~. -stt,f. argent
~.cLEAE. FCHiG q SDI-TFARD.
Solicitors for Plaintiff
Pc it Remembered that I. Harriet E.
H.h3tmore of Gardiner in the County
~ kenrebac in the State of Maine. be-
'2g Of sound mind and memory. but
showing the uncertainty Of this life.
10 make this my last will and testa-
1nent
After the payment Of my Just debts
funeral charges and expenses of ad-
mlnistrat!cn. | dispose Of my estate as
follows:
First: give and beaueath 10 John
u Perry of Brunswick County Of