Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-08-19

Dy Sdlu " W. IluQlOps ~
deed dated March rs. 1917 and rscoles
ed in Kennebec Registry Of bs.Nr'
Book 554 Page 2sO. Also the D ps
conveyed to Arthur l.. Perry and P%SIV
A. Perry by deed dated March way
and recorded in said Registry p5sN
574 Page Is. being the premises o~ sos
and occupied by said Harriet f WSSs
more as a homestead at the tim" Il
her decease.
2. On the 9th day of December "a.
said First Congregational Paris, ~
it's warranty deed conveyed the at,tN
said real estate to the Church Of Gf'V u.
Holy Cross. @e
5. The said Church of the u,
Cross now holds said PROPERTY may n9F
and by reason OF said warranty dss,
and claims the title in fee Simple !.
said real estate.
1. That the plaintiff and .,.
under whom he claims, have been
uninterrupted possession of SAID NV
erty for. more than four years up rsp
preceding the date of this petitio, 10y y
wit: the plaintiff since said ninth DO
of December 1919, and its immediss
grantor since said 18th day OF jam
5. The said Church o. the HO.
Cross now desires TO sell said ~,
8. The plaintiff is informed and !.
lieves, and therefore AYERS that ~.
aforesaid heirs of Harriet E. WIN
more claim that the provisions Of gu;
will created condition subseous,.
which will cause a forfeiture e ! It
property is devoted to other uses NC
T. For the reasons hereinbetore Ga,
forth the plaintiff is advised and \.
lieves and therefore AYERS that ~.
said heirs may claim title to the ssS
real estate hereinbefore described asS
devised by the said Harriet Z. WIZ
more to said First Congregatnn,
is pending to enforce the VALIDITY ~
such title, and the plaintiff says tn,
the said claims are without fopnS,
tion, unjust and veXatious and consti.
tute a cloud on the title of said nro,'
erty.
8. By reason of such claims tA
title of the plaintiff to the said re-, I
ket value thereof deprecated. III,
said, Church Of the Holy Cross on =,
about the 18th day Of June Is%
agreed with one Bennett Slosburp NJ
sell and convey to the said SlosSu,r
the said real estate. The said Ben
nett Slosburg and the plaintiff both d.
sire to carry out the said agreement
but the said Bennett slosburg has Re.
fused and declined to do so on accom-,
Of claims made by the said defend.
ants, and his apprehension that h
might have difficulty in disposiug Of
the land on account Of this cloud on
the title.
WHEREFORE the plaintiff pray,
/. That it may be decreed that tina
provisions of said will are not such Is
will cause a forfeiture Of said raj
than those mentioned in the will
2. That 1t may be decreed that III,
plaintiff has the title in fee simple Of
said real estate, free Of any and al
conditions arising by or under the
provisions of said will, and has full
power and authority to sell and oonv.v
said real estate and to give valid
title to the same.
3. And that the plaintiff may have
such other and further relief as The
nature of the case may require
THE CHURCH OF THE HOLY CROSS
By LANGDON QUIMBY. Regent
MCLEAN, FOGG 4 SOUTHARD.
Solicitors for Plaintiff.
Be 1t Remembered that I. Harr., p
Whitmore of Gardiner in the Coun,y
OF Kennebec in the State Of Maine ~.
ing Of sound mind and memory, bu.
knowing the uncertainty of this lie
do make this my last will and tesla,
ment.
After the payment Of my Just debt.
funeral charges and expenses OF a6.
mlnlstration. l dispose of my estate as
follows:
First I give and beoueath to job,
". Perry of Brunswick County 0.
Cumberland. State of Maine. all Ire,
shares of stock / own in the Sagarnora
Manufacturing Company of Fall Rive
Massachusetts. to hold only in truss
however. the income and dividends
from said stock to be paid over 10 Mr.
beloved mother Mrs. Harriet B 3
Sampson for and during her natu,al
life. at her decease / give and hequeaa
the said shares of stock 70 Ellen ]
Whitmore of Brunswick County Q.
cumberland. State of Maine. daughe-
or the late Amherst Whitmore. 10 ion
to her. her heirs and assigns forever
second: / give and bequeath to The
said Harriet b. Sampson her heirs and
assigns forever all the household fur.
nlture. pictures, goods. ornaments and
utensils belonging to me in the house
occupied by me.
Third: I give and bequeath 70
sarah Ella J. Robinson of West Card.
ner. Maine, wife Of b p Robinson
her heirs and assigns forever. the sun
of One Thousand dollars.
Fourth: I give and devise to TIE
L
diner. Maine having a place Of wcr'
snip on Brunswick Avenue in said Gar.
diner, the house and lot now occupied
by me as a homestead on BrlnswlcS
Avenue aforesaid as a parsonage
Fifth: l give and hequeath to the
said First Congregational Parish the
sum of One Thousand Dollars to be
held and invested by trustees 10 be Sc
lected by the Parish. the income OF the
- n ~, "a he Gar
keeping said homestead and lot given
as parsonage in repair, also ! give
and bequeath to said First Congresa,
tional Parish the further sum Of Two
Thousand dollars to be held and invest
ed by trustees selected by the Parisn
the income of the same to be used !oI
the maintenance of singing IN lhe
Church occupied by said Parish.
Sixth: l give pequeath and devise
to said Ellen j. Whitmore OF bruE-
wick, Maine her heirs and assigns .er.
ever alr the rest residue and remaincs,,
of my estate real, personal and miatu
wherever found and however s!tuate4,
Seventh: I do hereby .appolnt ,at
said Ellen ]. Whitmore OF Bruns".can,i
and testament without being require
to give bonds. hereby reVoklng az
former wills and codicils by me msae
In Testimony Whereof. hereunw
set my hand and seal. and declare ths
to be my last will and Testament tnr
twentieth day of November IN the yea;
one thousand eight hundred @Du
ninety -ohe' tse,n
HARRIET E. wHITMoRE,,.
Signed. scaled and published ana os
clared by the aboVe-named EaTr!eI
as and for her last VIII az
testament in the presence OF US w."
at her request, in her presence shl an. :.
the presence of each other Hes.
subscribe our names as "i'heSsf
on this Twentieth Gay
A d. 1891.
ARTHUR l. PERRY
SUSAN A. FARRINGIOH'
w. F. G1DDINGS.
STATE OF MAINE
SIS; SUPREME Jlp'
CIAL COURT. IN EQUITY ,,,-r