ABSTRACT OF TITLE TO AUSTIN LOT SEAL HARBOR, MAINE. PREFACE This is an Abstract of Title covering the Austin Lot situated at Seal Harbor, Town of Mount Desert, Hancock County, Maine. The subject property is now owned by John D. Rockefeller, Jr. A proposed right of way grant passes over the Austin lot. Reference is made to "Abstract of Title of Land near Jordan Pond, Mount Desert, Maine1, No. 118 in the files of Smith and Fenton, Attorneys, Bar Harbor, Maine. That Abstract of Title covers land conveyed by John D. Rockefeller, Jr. to United States of America under date of May 29, 1940, recorded October 16, 1940 in Book 674, Page 531 of the Hancock County Registry of Deeds. The conveyance to the United States of America was accepted by A. J. Wirtz, Undersecretary, under date of September 25, 1940, the certificate of acceptance being recorded in Book 674, Page 531 of said Registry of Deeds. Government deed number is 141. The chain of title of the Austin Lot is the same as the chain of title to land covered by Government Deed 141 through the partition proceedings described on pages 27 to 35 inclusive of the above cited Abstract of Title. We have, therefore, started our abstract of title for the Austin Lot with the conveyance herein- after shown from Abbie J. Austin to James Clement 2nd, dated December 23, 1886, recorded in Book 209, Page 414 of the Hancock County Registry of Deeds. Abbie J. Austin gained title in the partition. Book and page references herein are to the books and pages of that Registry of Deeds except where otherwise indicated. PARCEL SET OFF TO ABBEY AUSTIN To AbbeyAustin the following described lot of land valued at Thirty-five Dollars, Viz:- Beginning at a spruce tree on the South line of the "Jordan Purchase" (30 called) on the west side of the town road and follows said line North eighty-five degrees West to the Widow's Dower lot at the field; thence following said East line North five degrees East forty-nine rods to a stake on the east line of John S. Jordans field; thence South eighty-five degrees East to a birch tree at the town road; thence following said town road Southerly forty-nine rods to the first mentioned bound and contains forty-two acres, more or less, and is lot marked No. 1 on accompanying plan. Life to & Vol. 209, Page 414. Warranty Deed. Dower not released. Dated December 23, 1886. Recorded January 14, 1887. Abbie J. Austin to James Clement 2nd. DESCRIPTION: In Mount Desert. Beginning at a spruce tree on the South line of the Jordan Purchase, so called, on the west side of town road and follows said line North eighty-five degrees West to the Widow's Dower lot, at the field - thence following said East line North five degrees E forty-nine rods to a stake on the east line of John S. Jordans field; thence S. 85° E to a birch tree at the town road - thence following said town road south- erly 49 rods to this first mentioned bound and containing forty-two acres, more or less - and is lot marked 1 on plan made by commissioners in the division of the Jordan lot among the heirs, which is recorded in Probate Registry at Ellsworth, for the County, and bears date August 30, 1875. 3 - and . share TOMA James Clement 2nd died on the fifth day of August, A. D. 1894, testate. Samuel J. Clement and Luere B. Deasy were appointed executors at the September Term, of the Probate Court A. D. 1894, their bond being filed and approved on September 12,1894. Notice of their appointment was given and affidavit of the same was dated on the second Wednesday of October 1894, same being recorded in Vol 86, Page 30 of the Probate Records. so much of said Will as relates to the real estate of the deceased appears on the following page. 4 - - ENT world bottom To box brouse and no 03380 anim and to 00 0.247 i ... 20 WEBISE TO O Middl as and SUBJECT ) Vol. 284, Page 75. Extract from Will of James Clement 2nd. STATE OF MAINE HANCOCK COUNTY Probate Office. Ellsworth, October 4, A. D. 1894. I hereby certify that the last will and testament of James Clement 2nd, late of Mount Desert, in said County, deceased, was proved, approved and allowed by the Judge of Probate for said County, at a Court held at Bluehill on the twelfth day of September A. D. 1894, and that the follow- ing is a true copy of so much of said will as devises real estate in the County aforesaid. * * 2. If my decease shall occur before said Abbot note is due and paid I give to me said wife the use of my dwell- - ing house and lot on which it stands at said Seal Harbor, to- - gether with the furniture therein, from the time of my decease till such time as she shall receive from my estate said five thousand dollars. 3. I give all the rest, residue and remainder of my property real, personal and mixed, of which I may die seized or possessed, or to which I may be in any way entitled, of whatsoever the same may consist, and wheresoever situat- ed, to my five children, Samuel J. Clement, Alanson E. Clement, Emma P. Smallidge, Amanda J. Cox and Herbert H. Clement, their heirs and assigns forever, in equal shares. * * * Witness my hand and the seal of the Probate Court for 5 DOS said County of Hancock the day and year first above written. Chas. P. Dorr (L.S.) Register Rec'd Oct. 4, 1894 at 4 h. P.M. and entered by W.B. Campbell Regr. 6 5.17 a Vol. 285, Page 264. Release deed. Dated September 29, 1894. Recorded November 14, 1894. Emma E. Clement Samuel J. Clement (Widow of James Clement 2nd) to Alanson E. Clement Emma P. Smallidge Amanda J. Cox Herbert H. Clement (Children and heirs of said James Clement 2nd) DESCRIPTION: All my right and title to dower and all my right, title and interest of every name and nature in and to any and all of the real estate owned by the said James Clement 2nd at the time of his decease. The meaning and intent of this deed is that whereas by the first paragraph of the will of said James Clement 2nd the sum of five thousand dollars is bequeathed to me the said Emma E. Clement, payable as stated therein; and whereas the executors named in said Will have at the time of delivery of this deed paid to me the sum of four hundred dollars, being the first payment upon said bequest as provided by said Will and in consideration thereof I have agreed and do agree to waive and do hereby expressly waive my right to have dower in said estate of James Clement 2nd, and do hereby expressly elect and agree to accept and receive said bequest in lieu of dower and do by this deed release to said above named heirs all my right, title to dower in any and all of the real estate of said James Clement 2nd. 7 Hall some 50 SPIRE and lot (3) bns - Vol. 291, Page 409. Warranty Deed. Dower released. Dated August 10, 1895. Recorded August 28, 1895. Samuel J. Clement Amanda J. Cox Emma P. Smallidge Herbert A. Clement to George B. Cooksey. Alanson E. Clement (Children and only heirs of James Clement 2nd) DESCRIPTION: In Mount Desert. Beginning at a spruce tree on the south line of the Jordan Purchase, so called, and on the west side of the town road leading from the village of Seal Harbor to Jordans Pond; thence north eighty-five degrees west, but always following the said south line of the Jordan Purchase, it being also the north or head line of the shore lots, so called, to the Widow's dower lot, so called, at the field, it being the lot owned or occupied by Hannah A. Bracy; thence north five degrees east, but always following the east line of said Widow's dower lot, forty-nine rods, more or less, to a stake or bound in the east line of land of CharlesT. How, formerly John S. Jordan's field; thence south eighty-five degrees east following the south line of lot now or formerly of George N. Jordan to a birch tree at the aforesaid town road; thence southerly following said town road forty-nine rods, more or less, to the point of beginning, containing forty-two acres, more or less, being the same lot described as conveyed in the deed from Abbie J. Austin to James Clement 2d, dated December 23, 1886, and recorded in Hancock County Maine Registry of Deeds Book 209, Page 414. 8 Expressly excepting, however, from the above described tract, and not hereby conveying, the following lots, viz: First: - The lot described as conveyed in the deed from James Clement 2d to Benjamin D. Perkins, dated July 25th, 1887 and recorded in said Registry of Deeds, in Book 213, Page 509. Second:- The lot described as conveyed in the deed from James Clement 2d to Pearl A. Conary, dated May 3, 1880, acknowledged May 3, 1892, and recorded in said Registry of Deeds in Book 281, Page 480. Third:- - The lot described as conveyed in the deed from James Clement 2d to Emily J. Pinkham, dated March 17, 1893 and recorded in said Registry of Deeds in Book 283, Page 348. 9 badinomed avoida no'r revenue and doi goowo " SHI .34 (5.300 100 one DO ET as 597910.00 JO. anT got boast 00 3 LOVE 17. o the have OLL VAI balat A - is BE cream . with Sign - sit 703 VODACE 35 2003 ADJOL and - FORD AMERICAN - 20.00 the Vol. 456, page 491 Warranty Deed Dower not released Dated Dec. 24, 1908 Recorded February 13, 1909 George B. Cooksey to Richard M. Hoe Tracy Dows Charlton Dows Cooksey and Eunice Cooksey, Trustees under the will of Linda Dows Cooksey DESCRIPTION: All those certain lots and parcels of land in the Town of Mount Desert, County of Hancock, and State of Maine, with all buildings, erections and improvements thereon and all the rights, privileges and easements appurtenant there- to and all rights, titles and interests particularly de- scribed as conveyed, or which were acquired by or which vested in the said George B. Cooksey, under or by virtue of the following deeds of conveyance, Indentures, Decrees of Court, or other instruments of record in the Registry of Deeds for Hancock County, Maine each of which by reference is made a part of this instrument, to all and each of which and the record thereof express reference is hereby made for more particular and detailed description, the parties in each of said deeds, Indentures, Decrees or other instruments, with the date of the same, the date of record and the volume and page of the record in said Registry 10 456,491 -2 of Doods being as follows, to wit: (Then follow $ 52 references.) 30: Warranty Deed, Samuel J. Clement, Amanda J. Cox, Emma P. Smallidge, Herbert A. Clement and Alanson E. Clement to George B. Cooksey, dated August 10, 1895, recorded August 28, 1895, Vol. 291 page 409. (Note: the Above is the Abbey J. Austin Lot.) At the end of thereferences appears, "In addition to the property hereinabove by this deed conveyed there is also included in this conveyance and I hereby give, grant, sell and convey to the said grantees the following property and rights, to wit: 1: All my right, title and interest in and to any and all real estate situated in the town of Mount Desert, Hancock County, Maine, whenever and however acquired. 11 ESTATE OF LINDA DOWS COOKSEY The will of Linda Dows Cooksey was allowed in Maine as a foreign will on October 6, 1903, See Vol. 124, Page 51. It had previously been proved and allowed by the Surrogate of New York. George B. Cooksey, Richard M. Hoe and Tra cy Dows were appointed as Executors and Trustees, and Eunice Cooksey and Charlton Dows Cooksey were appointed to be added as Executors and Trustees as each shall attain the age of twenty one years. On January 2, 1904 Richard M. Hoe and Tracy Dows petitioned the Court for confirmation as Trustees, and on January 5, 1904 Letters of Trust were issued to them, see Vol. 215, Pages 110 and 115. Later Charlton Dows Cooksey and Eunice Cooksey petitioned the Court for confirmation and appointment as additional Trustees, (they having attained the age of twenty one years), Charlton Dows Cooksey on November 22, 1905 and Eunice Cooksey on June 26, 1906. Letters of Trust were issued to them on December 5, 1905 and on July 3, 1906, respectively. George B. Cooksey declined to act as Trustee by instrument date January 2, 1904. The will is set out in full on the following pages and shows power in the Trustees to sell real estate. 12 LAST WILL AND TESTAMENT OF LINDA DOWS COOKSEY I, Linda Dows Cooksey, wife of George B. Cooksey, being of sound mind and memory but remembering the uncertainties of human life and desiring to make such provisions for the persons hereinafter named as shall in my opinion be advan- tageous and for their best interest, do make, publish and de- clare the following to be my last Will and Testament hereby revoking all other wills by me made. First. I direct that so soon as practicable after my decease all my just debts and funeral expenses be paid. Second. Whereas by the Eighth division of the will of my father, the late David Dows, Sr., which was admitted to probate on or about the 14th day of April, one thousand eight hundred and ninety, by the Surrogate of the County of New York in the State of New York, I am given power to designate and appoint by will from among my children and their issue the person or persons in whom the one-eighth share in my father's residuary estate to be held in trust for my benefit during my lifetime shall vest at my death, now in pursuance of and exercising such power I do hereby appoint, designate and direct as follows: 13 e -2- The property composing the said one-eighth share in my father's residuary estate shall upon my death vest share and share alike in my then living children and the then living issue of my deceased children (such issue to take share and share alike the portion which would have been received by the parent by the terms hereof if living) to be paid to them at the times and in the proportions following, to wit: As each attains 2 attains the age of twenty-one (21) years there shall be paid to him or her the sum of Fifty Thousand Dollars ($50,000.00); as each attains the age of twenty-five (25) years the further sum of One Hundred Thousand Dollars ($100,000.00); as each attains the age of thirty (30) years the remainder, if any, of the share of said one-eighth part of my father's residuary estate with allaccumulations to which he or she may be entitled, excepting, however, that my said children and said issue of deceased children shall each of them receive from his or her respective share of said one-eighth part of my father's residuary estate which it is herein provided shall vest in such child or said issue of a deceased child the entire income from and after he or she shall have attained the age of twenty-one (21) years, and during minority such sum or sums not to ex- ceed Five Thousand Dollars ($5,000.00) in any one year and for such purposes as in the judgment and discretion of the persons who or which it is in the Eleventh Division of this instrument provided shall be trustees under this will may seem right and proper for his or her maintenance, education and support. 14 -3- Third. I give and bequeath to the persons hereinafter named as my trustees and the survivor of them and any successors or suc- cessor to their trust all my etchings, prints, porcelain, bric-a- brac, plated ware, silver, books, bronzes, jewelry, paintings, furniture, household effects, clothing, horses, harnesses, car- riages and their appurtenances and belongings In Trust nevertheless, to be distributed in such proportions as to the said trustees may seem best among my children me surviving and the then living issue of deceased children, and I further authorize my said trustees and the survivor of them and any successors or successor to their trust in their dis- cretion 3 cretion to sell the same or any part thereof and to distribute the proceeds thereof instead of the property in specie. Fourth. I hereby give and bequeath, free of any legacy charge or tax now imposed by law or that may hereafter be lawfully imposed to my friend Richard M. Hoe and my brother Tracy Dows and the survivor of them as joint tenants and not as tenants in common the sum of Twenty Thousand Dollars ($20,000.00) which said sum is not intended to be in lieu of but in addition to any commissions or other compensation which they or either of them may receive as executors or trustees under this my Will, and I direct that such charge or tax if legally collectible be paid out of my re- siduary estate. Fifth. 15 Out of my estate both real and personal, I hereby give, devise and bequeath to the persons hereinafter named as my Trustees and the survivor of them and any successors or suc- cessor to their trust the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) To Have and to Hold the Same In Trust, that is to say, the said property shall be so held in trust as aforesaid for and during the lifetime of my husband George B. Cooksey, if he survive me, and the surplus income thereof, after the payment of all expenses incurred shall be paid to my husband from time to time, but at least as often as once in every three (3) months and in such manner that the entire net income from the principal of said trust shall be paid to him each year. Upon the death of my husband, or upon my death if I survive him, the said sum of One Hundred and Fifty Thousand Dollars ($150,000.00) so directed to be 4 to be held in trust as aforesaid together with any accumula- tions thereof shall be divided into as many equal shares as I may have children then living and deceased children leaving issue then living; one such equal share shall be set apart to and held in trust for each of my then living children during his or her lifetime and in the case of each of my said deceased children leaving issue then living the equal share which would have been set apart under the provisions hereof for such deceased child if living shall be divided into as many equal parts as there are then living issue of such deceased child and one such equal part shall be set apart to and held in trust for 16 -5- each of such deceased child's then living issue during his or her lifetime, and the surplus income of each such trust shall after the payment of all expenses incurred be paid to that one of my children or of a deceased child's issue for and during whose lifetime said trust is herein created if such child or issue of a deceased child is of full age, and if a minor then to the guardians of such minor to and for the use of such minor such sum or sums and for such purposes as my trustees here- inafter named (or such of them as may qualify) and the sur- vivors and survivor of them and any successor to their trust may in their judgment deem best for the support, education and use of such minor the surplus if any of such income over and above such payments with all accumulations thereof to be paid such child or issue of a deceased child upon his or her attaining the age of twenty-one years. I direct that the income which is payable to each of my children or of the issue of deceased children under the trusts herein by this Fifth Division of my Will created shall after such child or issue of a deceased child shall have attained his or her majority be paid into his or her hands upon his or her order or receipt, made and dated after the times for 5 for payment and not by anticipation nor in compliance with any assignment and that before such payment no part of such income shall be assignable or attachable either at law or in equity or in any way or manner liable for any debt, liability or contract of my children or said issue of a deceased child or any of them. 17 -6- I hereby give and grant to each of my children and of said issue of a deceased child power and authority at his or her death to designate and appoint by will the person or persons, corporation or corporations, who or which shall receive the principal or any portion of the principal of the trust, the in- come whereof was payable to such child or issue during his or her lifetime and in such form of estate and upon such condi- tions as may be legally created. Upon the death of any of my children or of said issue leaving lineal descendants and without having exercised the power of appointment given and granted by this Fifth Di- vision of my will the principal of the trust, the income whereof was payable to such child or issue during his or her lifetime. I give, devise and bequeath with all and any accumulations to and the same shall be distributed among such descendants equally if they are in equal degree and by right of represen- tation if they are in unequal degree; but if any such child or issue of a deceased child die withcut having exercised such power of appointment and without having lineal descendants him or her surviving the principal of the trust, the income whereof was payable to such child or issue during his or her lifetime I give, devise and bequeath with all and any accum- ulations to and the same shall be distributed among his or her then surviving brothers and sisters share and share alike and the lineal descendants of any deceased brother or sister such descendants if in equal degree to take share and share alike the 18 -7- 6 the portion which would have been received by their ancestor by this provision if living and if of more than one generation to share in the same per stirpes and not per capita. Sixth. All the rest, residue and remainder of my property of whatsoever kind and wheresoever situated which at my death I may own in my own right, I give, devise and bequeath to the persons hereinafter named as my Trustees and the survivors or survivor of them and any successors or suc- cessor to their trust To Have and to Hold the Same In Trust, that is to say, the said property shall be so held in trust as aforesaid for and during the lifetime of my said husband George B. Cooksey if he survive me, and during the lifetime of my said husband the surplus income of said trust after payment of all expenses incurred shall be paid to and for the use of the following persons, to wit: My husband, my chil- dren and the issue of my children, such surplus income to be apportioned and distributed among the persons hereinbefore named as in the discretion of my said Trustee shall seem proper but in such manner that the whole of said surplus income in any year shall be paid to one or more of said persons. Upon the death of my husband, or upon my death if I survive him, the property so directed to be held in trust as aforesaid together with any accumulations thereof shall be divided into as many equal shares as I may have children then living and deceased children leaving issue then living; one such equal share shall be set apart to and held in trust for 19 -8- each of my then living children during his or her lifetime and in the case of each of my said deceased children leaving issue then living the equal share which would have been set apart under the provisions hereof for such deceased child if living shall be divided into as many equal parts 7 parts as there are then living issue of such deceased child and one such equal part shall be set apart to and held in trust for each of such deceased child's then living issue during his or her lifetime; the surplus income of each such trust shall after the payment of all expenses incurred be paid to that one of my children or of a deceased child's issue for and during whose lifetime said trust is herein created if such child or issue of a deceased child is of full age, and if a minor then to the guardians of such minor to and for the use of such minor such sum or sums and for such purposes as my trustees here- inafter named (or such of them as may qualify) and the sur- vivors and survivor of them and any successor to their trust may in their judgment deem best for the support, education and use of such minor the surplus if any of such income over and above such payments with all accumulations thereof to be paid such child or issue of a deceased child upon his or her attaining the age of twenty-one years. I direct that the income which is payable to each of my children or of the issue of deceased children under the trusts herein by this Sixth Division of my Will created shall after such child or issue of a deceased child shall have attained his or her majority be paid into his or her hands upon his or her 20 -9- order or receipt, made and dated after the times for payment and not by anticipation nor in compliance with any assign- ment and that before such payment no part of such income shall be assignable or attachable either at law or in equity or in any way or manner liable for any debt, liability or con- tract of my children or said issue of a deceased child or any of them. I hereby give and grant to each of my children and of said issue of a deceased child power and authority at his or her death to designate and appoint by Will the person or persons 8 persons, corporation or corporations, who or which shall receive the principal or any portion of the principal of the trust, the income whereof was payable to such child or issue during his or her lifetime and in such form of estate and upon such con- ditions as may be legally created. Upon the death of any of my children or of said issue leav- ing lineal descendants and without having exercised the power of appointment given and granted by this Sixth Division of my Will the principal of the trust, the income whereof was pay- able to such child or issue during his or her lifetime, I give, devise and bequeath with all and any accumulations to and the same shall be distributed among such descendants equally if they are in equal degree and by right of representation if 21 -10- they are in unequal degree; but if any such child or issue of a deceased child die without having exercised such power of ap- pointment and without leaving lineal descendants him or her surviving the principal of the trust, the income whereof was payable to such child or issue in his or her lifetime I give, de- vise and bequeath with all and any accumulations to and the same shall be distributed among his or her then surviving brothers and sisters share and share alike and the lineal de- scendants of any deceased brother or sister, such descendants if in equal degree to take share and share alike the portion which would have been received by their ancestor by this pro- vision if living and if of more than one generation to share in the same per stirpes and not per capita. Seventh. I hereby direct and it is my meaning and intention wherever in this Will I have given a power of appointment and designation by Will that if it happens that such power is only partially 9 partially exercised or if any part of the appointment or designation made thereunder is invalid or ineffectual for any reason nevertheless such appointment so far as exercised and so far as valid shall hold good and that any property not effectually disposed of under such appointment and designa- tion shall go as is provided for in this Will incase of failure to exercise the power of appointment and designation. 22 C -11- Eighth. I appoint my husband George B. Cooksey, my friend Richard M. Hoe, my brother Tracy Dows, and as each shall attain the age of twenty-one years my daughter Eunice Cooksey and my son Charlton Dows Cooksey and the survivors and survivor of them guardians of the property of each of my minor children. In case my husband George B. Cooksey does not survive me I appoint my friend Christian A. Herter and my sister Susan Dows Herter guardians of the person of each of my minor children and if my husband George B. Cooksey does not survive me and either said Christian A. Herter or said Susan Dows Herter die before me or during the minority of any of my children then I appoint in place of such deceased my sister Annie L. Hoe as such guardian and I direct that the receipt of any of the herein named guardians of the person shall be a sufficient voucher for such sums as shall be paid for on account of the support, education and use of any of my children during minority without further accountability by any of my executors or trustees or of the guardians of the property of such minor. Ninth. The trustees hereinafter named and the survivors and survivor 10 survivor of them and any successors or successor to their trust shall have power to make actual division of my estate into the separate trust estates above provided for and to value and appraise the same for such purpose and to set apart according 23 -12- to such valuation any particular piece of property to form a part of any one of such trust estates. And in case of differ- ence of opinion between them as to the valuation of any par- ticular piece of property they may have the same appraised by any disinterested person or persons and the decision of such person or persons shall be conclusive. Tenth. I hereby give and grant to the trustees of each of the trust estates created by this my Will and the survivor of them and any successor or successors to their re- spective trusts full power and authority as follows:--To sell any security or piece of personal property comprised in such trust estate at public or private sale and on such terms as they shall deem best; to retain any investment as a part of such trust estate so long as they shall consider it wise for any reason so to do; to invest any part of the principal of such trust estate in real estate, railway stocks or bonds, bank stocks, mortgages, or any other description of property what- soever or wheresoever situated within or without the state, it being the intention that such trustee or trustees shall not be bound by any law or legal rule requiring trust funds to be in- vested in any particular kind or kinds of property. I do hereby give and grant to the said trustees and the survivor of them and any successor or successors to their ro- spective trusts full power and authority to grant, bargain, sell and convey any real estate which may at any time be em- braced in such trust estate at public or private S ale and on 24 e -13- such terms as they shall deem best; to make, execute and deliver 11 deliver all proper deeds of conveyances therefor; to mortgage, lease, repair and improve such real estate so long as it shall remain a part of such trust estate. I further give and grant to them if at any time they shall hold or be interested in any real or personal property in common with any other person or persons full power to make partition of the same either by agreement or by suit whenever they shall deem it advisable. The foregoing enumeration of powers is not intended to exclude the exercise of other powers. It is my meaning and intent that my trustees shall have full power to incur any lia- bility, make any engagement or contract and to do any act or thing in the management of the trust estates created by this instrument which accords with their personal judgment as to what is wise and proper in the best interests of the said estates. Eleventh. I do hereby give and grant to Richard M. Hoe, one of the trustees hereinafter named, and after the death of said Rich- ard M. Hoe or at any time if said Richard M. Hoe be not a trustee to Tracy Dows, one of the trustees hereinafter named, full power and authority by an instrument in writing exe- cuted with the formalities necessary to entitle a deed to be recorded according to the laws of the State of New York to appoint any person or persons, corporation or corporations, to be associated as additional trustee or trustees in the adminis- tration of any of the trust estates created by this Will or to 25 C -14- take the place of any trustee whose place has become vacant by death, resignation or otherwise. As to each of the trust estates created by this Will I do hereby give and grant to the Trustee thereof or if there be more than one to the majority of the trustees the reof the power 12 power and authority by a written instrument executed under seal by the trustee or a majority thereof if there be more than one such trustee with the formalities requisite to entitle a deed to be recorded according to the laws of the State of New York to appoint the person or persons, corporation or corpor- ations, who or which shall succeed them or any of them as trustees or trustee of such estate. I hereby give and grant to any additional substituted and successor trustee or trustees appointed in conformity with this Eleventh Division of my will the same power and authority as is in and by this Eleventh Division of my will given and granted to the trustees herein named; including in case the said Richard M. Hoe and Tracy Dows be dead or not then trustees the same power and authority which said Richard M. Hoe and Tracy Dows had, to appoint additional, substituted and successor trustees. Twelfth. I hereby direct that no bond or security as trustee be re- quired of the persons herein named as trustees or of any per- son or corporation becoming a trustee of any trust estate created by this instrument if appointed in conformity with the provisions of the Eleventh Division thereof and that no such trustee shall be liable because of or by reason of any act or 26 -15- omission as such trustee except for fraud, dishonesty or bad faith. I further authorize and empower any of the persons herein named as trustees or any person or corporation becom- ing a trustee of any trust estate created by this instrument if appointed in conformity with the provisions of the Eleventh Division thereof by power of attorney duly executed and acknowledged according to the formalities requisite to entitle an instrument to be recorded according to the laws of the State of New York to authorize any of their co-trustees to do and 13 and perform all and every act or thing authorized by the pro- visions of this my Will to bedone or performed with the same force and effect as if the trustee executing such power of attorney personally did or performed such act or thing. Thirteenth. I give and grant to my executors as such and the survivor of them and any successor or successors to them full power and authority to sell any or all of my real estate at public or private sale, and for such price and on such terms as may in their discretion seem best; to make and execute all proper deeds of conveyance therefor, to mortgage, lease, repair and improve the same, to sell any security or piece of personal property or to retain any investment I may hold at my death. And if during the settlement of my estate it shall seem proper to my executors as such to make investment of any part of the estate then I give and grant them power to make such investment in real estate, railway stocks or bonds, bank stocks or any other description of property whatsoever or wheresoever situated within or without the State which in their discretion they 27 -16- shall deem a wise investment; it being my intention that they shall not be bound by any law or legal rule requiring trust funds to be invested in any particular kind or kinds of prop- - erty or security. I further give and grant to my executors as such if at any time they shall hold or be interested in any real or personal property in common with any other person or persons full power to make partition of the same either by agreement or by suit whenever they shall deem it advisable. Fourteenth. I hereby nominate and appoint my husband George B. Cooksey 14 Cooksey, my friend Richard M. Hoe, and my brother Tracy Dows, both as executors and as trustees under this my Will. I also appoint my daughter Eunice Cooksey and my son Charlton Dows Cooksey to be added as executors and trustees of this my Will as each shall attain the age of twenty-one (21) years. I further authorize and direct that the act of the ma- jority of my executors in respect to anything which by this my Will they are authorized to do shall be as binding as if all my executors had united in said act. I direct that no bond or security shall be required from any person named in this my Will as executor or guardian. In Witness Whereof I have to this my will consisting of 28 -17- thirteen pages and sixteen lines in typewriting, each page being signed with my name, set my hand and seal this eigh- teenth day of October, one thousand eight hundred and ninety-nine. LINDA DOWS COOKSEY. (Seal) The foregoing instrument was on the day of the date Done thereof and in our presence signed, sealed and published by Libras the testatrix and at the same time declared by her to us and each of us to be her last Will and Testament and we thereupon at her request and in her presence and in the presence of each other do sign our names thereto as subscribing witnesses to such Will. Horace E. Deming, 56 West 33d Street, Manhattan, N.Y. City. Adam D. Pultz, 197 Amity Street, Brooklyn, N.Y. City. Jas. L. Mitchell, 164 Washington Park, Brooklyn, N.Y. City. 29 not mecman Vol. 458, page 448 Trustees Deed Dower not released Dated Dec. 26 1908 Recorded May 13, 1909 Richard M. Hoe Tracy Dows Charlton Dows Cooksey Eunice Cooksey Trustees under will of Linda Dows Cooksey -to- Cooksey Realty Company DESCRIPTION: I: All and exactly the same property, real and personal described as conveyed in, or title to which passed to us as such trustees, by or under the deed from George B. Cooksey to the said Richard M. Hoe, Tracy Dows, Charlton Dows Cooksey and Eunice Cooksey, Trustees, dated December 24, 1908, and recorded February 13, 1909 in the Registry of Deeds for Hancock County, Maine, in Book 456, page 491, to which deed and the record thereof express reference is hereby made for more particular and detailed description, and it is the express intention of this deed to convey the the Cooksey Realty Company all property and property rights acquired by the said Trustees under said deed from George B. Cooksey. 30 The Cooksey Realty Company was organized on Sept. 5, 1908 as shown by certificate recorded in Vol. 3, page 255, which certificate was certified by Warren C. Philbrook, Asst. Attorney General on Sept. 19, 1908, to be conformable to the constitution and laws of the State. The following powers were set forth in said certificate 1: To acquire in any manner and to own, manage, develop, sell exchange, mortgage and lease real estate of every kind and all interests therein corporeal or incorporeal. 2: To build houses, stables or other appropriate erections including wharves and piers on any land that may be owned by the corporation. 3: To acquire in any manner and to own, manage, sell, exchange mortgage and lease personal property of every kind and all interests therein. Provided however, that in the acquisition of any property, real, personal or mixed, the said corporation shall not exercise any right or power that the Trustees of the will of Linda Dows Cooksey, hereinafter referred to, might not lawfully exercise if they were acquiring the same property in their capacity as trustees aforesaid; and provided, further that said corporation shall not have the right to exercise any power or authority over or respecting any property at 31 c Vol. 502, Page 76. Conditional Warranty Deed. Dated August 28, 1913. Recorded Oct. 30, 1913. The Cooksey Realty Company by Richard M. Hoe, President and Tracy Dows, Treasurer -to- John D. Rockefeller, Jr. In Seal Harbor: Beginning at a spruce tree on the south line of the George N. and Joh S. Jordan lot, so called, and on the west side of the town road leading from the village of Seal Harbor to Jordans Pond; thence north eighty-five degrees west, but always following the said south line of the Jordan lot, it being also the north or head line of the shore lots so called, to land of said John D. Rockefeller, Junior, and known as the Widow's Dower Lot, at the field, it being the lot formerly owned or occupied by Hannah A. Bracy; thence north five degrees east, but always following the east line of said Widow's Dower Lot, owned by said John D. Rockefeller, Junior, forty- nine rods more or less to a stake or bound in the east line of land formerly of Charles T. How, now of George L. Stebbins, and known formerly as the John S. Jordan field; thence south eighty-five degrees east, followingthe south line of land of George N. Jordan, as set off to 33 502-76 -2- him by commissioners appointed by the Probate Court, to a birch tree at the aforesaid town road; thence southerly following said town road forty-nine rods, more or less, to the point of beginning, containing forty-two acres, more or less. It being the same lot described as conveyed in the deed from Samuel J. Clement et als to George B. Cooksey dated August 10, 1895 and recorded in the Hancock County Maine Registry of Deeds Book 291, Page 409. Expressly excepting however from the above described tract and not hereby conveying the following lots viz: The lot described as conveyed in the deed from James Clement 2nd to Benjamin D. Perkins, dated July 26, 1887 and recorded in said Registry of Deeds in Book 213, Page 509. 2- The lot described as conveyed in the deed from James Clement 2nd to Pearl A. Conary, dated May 3, 1880 and recorded in said Registry of Deeds in Book 281, page 480. 3. The lot described as conveyed in the deed from James Clement 2nd to Emily J. Pinkham, dated March 17, 1893 and recorded in said Registry in Book 283, Page 348. 34 502,76 -3 4- The lot described as conveyed in the deed from George B. Cooksey to the Seal Harbor Cemetery Association dated November 13, 1896 and recorded in said Registry in Book 307 page 344. 35 CONCLUSION CURTESY INTEREST In the deed from Abbie J. Austin to James Clement 2nd, curtesy interest is not released. At the date of this deed, however, a curtesy interest consisted only of a life estate. If Abbie J. Austin had a husband any curtesy interest which was not released would expire with his death. Lapse of time no doubt has removed the curtesy interest, if any existed. TAXES Real estate taxes for 1955 and in prior years have been paid in full. Assessment of 1956 taxes is made April 1, 1956. FORM AND EXECUTION OF DEEDS The deeds as recorded appear in proper form and duly executed by the parties holding title. EXCEPTED CONVEYANCES The deeds described as excepted from the conveyance to John D. Rockefeller, Jr. by the Cooksey Realty Company do not affect the grant of a right of way as proposed. We find no attachments or other recorded encumbrances against the Austin Lot in the period of our search. Relying upon the indexes and records of the Hancock County Registry of Deeds and the Hancock County Registry of Probate, subject to what a survey might show, we find marketable title to the Austin lot 36 Conclusion --2 presently resting in John D. Rockefeller, Jr. Consequently that portion of the Austin Lot traversed by the proposed grant of a right of way over the Stanley Brook Road has title vested in fee simple, free and clear of all liens and encumbrances in John D. Rockefeller, Jr. Dated: May 16, 1956. SMITH AND FENTON 37 ABSTRACT OF TITLE TO JORDAN LOT SEAL HARBOR, MAINE PREFACE This is an Abstract of Title to property situated at Seal Harbor, Town of Mount Desert, Hancock County, Maine, known as the Jordan Lot. The subject property is now owned by John D. Rockefeller, Jr. A proposed right of way grant passes over the Jordan Lot. Reference is made to "Abstract of Title of Land near Jordan Pond, Mount Desert, Maine", No. 118 in the files of Smith and Fenton, Attorneys, Bar Harbor, Maine. That Abstract of Title covers land conveyed by John D. Rockefeller, Jr. to United States of America under date of May 29, 1940, recorded October 16, 1940 in Book 674, Page 531 of the Hancock County Registry of Deeds. The conveyance to the United States of America was accepted by A. J. Wirtz, Undersecretary, under date of September 25, 1940, the certificate of acceptance being recorded in Book 674, Page 531 of said Registry of Deeds. Government deed number is 141. The chain of title of the Jordan Lot is the same as the chain of title to land covered by Government Deed 147 through the partition proceedings described on pages 27 to 35 inclusive of the above cited Abstract of Title. We have, therefore, started our abstract of title for the Jordan Lot with the conveyances hereinafter shown from George N. Jordan to John D. Rockefeller, Jr. -2- George N. Jordan gained title in the above noted partition proceedings. Book and p ge references herein are to the books and pages of that Registry of Deeds except where otherwise indicated. 2 PARCEL SET OFF TO GEORGE N. JORDAN To Geo. N. Jordan, the following described lot of land valued at Thirty-five Dollars Viz: - Beginning at a birch tree on the West side of the town road, the Northeast corner of lot set off to Abbey Austin, and follows her North line Westerly to a stake on the East line of John S. Jordan's field; thence following said line Northerly twenty. - three rods to a corner; thence Westerly three rods to the Field Road; thence following said field road Northerly forty eight rods to a Fir tree; thence South eighty-five degrees East to a fir tree at the town road; thence following said town road South- erly eight-seven rods to the first mentioned bound and Contains forty-six acres, more or less, and is Lot marked No. 3 on accompanying plan; 3 INTERRUPTION OF EASEMENTS do he A way, way is may 4 Vol. 558, Page 436. Dated February 18, 1921. Recorded March 3, 1921. NOTICE TO INTERRUPT EASEMENTS under Revised Statutes, Chapter 110g Section 13. I, George N. Jordan, owner of certain land at Seal Harbor, Town of Mount Desert, Hancock County, State of Maine, apprehending that rights of way or easements therein may in time be claimed or acquired by adverse use and enjoyment thereof, hereby give notice as provided by Revised Statutes, Chapter 110, Section 13, that I intend to contest such rights or easements. The land to which this notice applies the ac- quiring of easements in which will be contested, is a certain lot or parcel of land situated at said Seal Harbor, and bounded and described as follows, to wit: Beginning at astone post at the northeast cor- ner of the lot being described, which post is in the southern line of land of John D. Rockefeller, Jr. and in the western line of the Jordan Pond Road; thence following said Jordan Pond Road in a general south- easterly direction to the northern line of the Cemetery 5 C 558-436 2- Lot; thence following the northern and western line of the Cometery Lot to a stone post in the northern line of land of John D. Rockefeller, Jr; thence North 83° 15' West, sixteen hundred and eighty-four and three tenths (1684.3) feet to a stone post in the eastern line of said land of Rockefeller; thence following the easterly line of said Rockefeller land, by the five courses and distances next following, viz: North 22° 45° East, 92.1 feet; thence North 12° 45' East, 155.1 feet; thence North 3° 451 West, 190 feet; thence North 8° 451 West, 126 feet; thence North 31° West, 243.6 feet to a stone post in the center of old wood road; thence following said old wood road by the three courses and distances next following, viz: North 19° East, 130.7 feet; North 22° East 182 feet; North 21° 381 East, 292.5 feet to a stone post which marks the northwest corner of the lot being described; thence South 82° 12' East, but everywhere following said southern line of John D. Rockefeller, Jr. 1386.7 feet to place of beginning, and containing fifty-four and seven tenths (54.7) acres. The ways especially referred to and contested are a foot path or trail leading from the Seaside Inn to Jordan's Pond across the easterly portion of said 6 558-436 3- described lot, and also a trail or foot path lead- ing across the western portion of said described lot. These foot paths or trails are sometimes referred to as Village Improvement Paths, and I intend to contest any and all other easements claimed in, over or upon any part of said fifty four and seven tenths (54.7) acres, particularly described above. Dated at Seal Harbor, this eighteenth day of February A. D. 1921. George N. Jordan I, George N. Jordan of Seal Harbor, Maine, here- by make affidavit and say, that on February 24th, 1921, I posted a true copy of the above notice on a spruce tree at the southern end of the path hereinabove men- tioned as leading from Seaside Inn to Jordan Pond, and I also posted a true copy of the above notice on a maple tree near the southern end of said path, both of said notices being near and in sight of the way or path re- ferred to, and I also posted a true copy of the above notice on a maple tree near the southern end of the above mentioned path crossing the western portion of said lot and also a true copy of said notice on a birch tree at the northern end of said path, both of said notices being near and in sight of the last mentioned 7 C Vol. 557, Page 535. Dated April 1, 1921. Recorded April 5, 1921. NOTICE TO INTERRUPT EASEMENTS under the Revised Statutes, Chapter 110, Section 13. I, George N. Jordan, owner of certain land at Seal Harbor, Town of Mount Desert, Hancock County, State of Maine, apprehending that rights of way or other easements therein may in time be claimed or acquired by adverse use and enjoyment thereof, hereby give notice as provided by Revised Statutes, Chapter 110, Section 13, that I intend to contest such rights or easements. The land to which this notice applies the ac- quiring of easements in which will be contested, is a certain lot or parcel of land situated at said Seal Harbor, and bounded and described as follows, to wit: Beginning at a stone post at the northeast cor- ner of the lot being described, which post is in the southern line of land formerly of John Clement, and in the western line of the Jordan Pond Road; thence following said Jordan Pond Road in a general south- easterly direction to the northern line of the Cemetery 9 557-535 2- Lot; thence following the northern and western lines of the Cemetery Lot to a stone post in the northern line of land of John D. Rockefeller, Jr; thence North 83° 15' West, sixteen hundred and eighty-four and three tenths (1684.3) feet to a stone post in the eastern line of said land of Rockefeller, thence following the easterly line of said land of Rockefeller by the five courses and distances next following. viz: North 22° 45' East, ninety two and one tenth (92.1) feet; thence North 12° 45' East, 155.1 feet; thence North 30 45' West, 190 feet; thence North 8° 45' West, 126 feet; thence North 31° West, 243.6 feet to a stone post in the center of old wood road; thence following old wood road by the three courses and dis- tances next following, viz: North 19° East, 130.7 feet; thence North 22° East 182 feet; thence North 21° 381 East, 292.5 feet to a stone post which marks the northwest corner of the lot being described; thence South 82° 12' East, but everywhere following said southern line of land formerly of John Clement fif- teen hundred eighty six and seven tenths (1586.7) feet to place of beginning, and containing fifty-four and seven tenths (54.7) acres. 10 c 557-535 3- The ways specially referred to and contested are a foot path or trail leading from the Seaside Inn to Jordan's Pond across the easterly portion of said de- scribed lot, and also a trail or foot path leading across the western portion of said described lot. These foot paths ortrails are sometimes referred to as Village Improvement Paths, and I intend to contest any and all other easements claimed in, over or upon any part of said fifty four and seven tenths (54.7) acres, particularly described above. Dated at Seal Harbor, this first day of April A. D. 1921. George N. Jordan I, George N. Jordan of Seal Harbor, Maine, here- by make affidavit and say, that on April 1st, 1921, I posted a true copy of the above notice on a spruce tree at the southern end of the path hereinabove men- tioned as leading from Seaside Inn to Jordan Pond, and I also posted a true copy of the above notice on a maple tree near the southern end of said path, both of said notices being near and in sight of the way or path referred to, and I also posted a true copy of the above notice on a maple tree near the southern end of 11 557-535 4- the above mentioned path crossing the western portion of said lot and also a true copy of said notice on a birch tree at the northern end of said path, both of said notices being near and in sight of the last men- tioned way or path, all of said places of posting being conspicuous places on the premises above described. George N. Jordan STATE OF MAINE Hancock ss. April 1, 1921. Subscribed and sworn to by the said George N. Jordan, Before me, Chas. H. Wood, Notarial Notary Public. Seal 12 area the From BOUNDARY DEED Vol. 502, Page 57. Warranty Deed. Dower released. Dated October 16, 1913. Recorded October 29, 1913. George N. Jordan -to- John D. Rockefeller, Junior In Seal Harbor. Beginning at a post in the ground at the northwest- ern corner of the lot called the Austin lot, formerly of The Cooksey Realty Company, now of the grantee herein, being in the easterly line of the parcel known as the How tract, formerly of George L. Stebbins, now of the grantee herein; thence south eighty two degrees forty five minutes east, but everywhere following the northerly line of said Austin lot, now of the grantee herein, one hundred and sixty six and four tenths feet to a stone bound; thence north twenty two degrees fifteen minutes east eighty eight and six tenths feet to an iron bolt; thence north twelve degrees fifteen minutes east one hundred and fifty five and one tenth feet to an iron bolt; thence north four degrees fifteen minutes west one hundred and ninety and four tenths feet to an iron bolt; thence north nine degrees fifteen minutes west one hun- dred and twenty five and nine tenths feet to an iron bolt; thence north thirty one degrees thirty minutes 14 502-57 2- west two hundred and forty three and six tenths feet to a stone bound; thence same course to the centre of the old road running from Long Pond meadows to the Jordan Pond Road; thence southerly and southwesterly, but everywhere following the centre line of said old road two hundred and ninety feet, more or less, to the extension into the centre of said road of the northerly line of a portion of said How tract, now of the grantee herein; thence south eighty degrees thirty four minutes east, passing through a post, but everywhere following the line of the said land of the grantee herein, sixty seven and seven tenths feet to a post marking a corner in said land of the grantee herein; thence south two degrees eight minutes west, but everywhere following the easterly line of said land of the grantee herein four hundred and sixty five and two tenths feet to the point of beginning, containing three acres, more or less. Also all my right, title and interest in and to so much of the said old road above referred to as lies between the centre line thereof, above described, and the west- erly line of said road, or line of land of the grantee, herein, so far as said road adjoins the lot hereinabove described as conveyed. 15 C 502-57 3- Expressly excepting, however, from this deed all rights of the public in so much of the said old road as is included in the above description. NOTE: After the covenents of warranty appears the following: 11 (it being understood that the covenants in this deed in no way cover or include the rights of the public in the old road above referred to nor that portion of the westerly half of said old road, included in the above description, the right, title and interest of the grantor in which only is conveyed)." Hannah A. . Bracy, widow of the late George N. Jordan, also releases dower. 16 DEEDS SHOWING ACQUISITION OF LARGER LOT OVER WHICH MOTOR ROAD PASSES 17 Book 571, Page 491. Warranty Deed. Dower released. Dated October 10th, 1922. Recorded Oct. 23, 1922. George N. Jordan -to- John D. Rockefeller, Jr. Seal Harbor in Mount Desert. Beginning at a stone post set in the ground in the northerly line of the lot called the Austin lot at a corner of land of the grantee herein; thence by the eastern line of the land of the said grantee herein to the old field road so called, leading from Long Pond Valley to Jordan Pond by the following courses and dis- tances, first, North twenty-two degrees forty-five min- utes East, ninety-two and one tenth feet; thence North twelve degrees forty-five minutes East, one hundred fifty-five and one tenth feet; thence North three de- grees forty-five minutes West, one hundred ninety feet; thence North eight degrees forty-five minutes West, one hundred twenty-six feet; thence North thirty-one degrees West two hundred forty-three and six-tanths feet to a stone post in the center of the before mentioned old field road; thence following the center line of said road and continuing by the eastern line of land of the said 18 c 571-491 -2 grantee herein to the Fox lot, so called, now owned by George L. Stebbins, by the following courses and distances, first, North nineteen degrees East, one hun- dred thirty and seven tenths feet; thence North twenty- two degrees East, one hundred eighty-two feet; thence North twenty-one degrees thirty-eight minutes East, two hundred ninety-two and five tenths feet to a stone post set in the ground marking the northwestern corner of the land herein conveyed, the same marking also the south- western corner of the Fox lot, so called; thence follow- ing the northern line of the land herein conveyed and the southern line of the said Fox lot South eighty-two degrees twelve minutes East, four hundred fifty-six feet, more or less, to a stone post set in the ground; thence South three degrees fifty-three minutes West, five hundred fifty-three and seven tenths feet to an iron bolt set in a boulder; thence South two degrees forty-two minutes West, seven hundred eighty and five tenths feet, more or less, to a stone post in the northern line of said Austin lot; thence following the northern line of said Austin lot North eighty-three degrees fifteen minutes 19 571-491 -3 West five hundred ninety-two feet to the stone post at the point of beginning. Containing sixteen and eight tenths acres, more or less. From surveys by C. P. and P. D. Simpson, referred to the meridian of 1915. Also all my right, title and interest in and to so much of the said field road above referred to as lies between the center line thereof above described and the westerly line of said road, or line of land of the grantee herein. Expressly excepting, however, from this deed the rights of all persons, if any there be, in so much of the said field road as is included in the above description. 20 Vol. 581, Page 174. Warranty Deed. Dower released. Dated Sept. 21, 1923. Recorded Sept. 21, 1923. George N. * Jordan -to- John D. Rockefeller, Jr. in Seal Harbor. Beginning at a stone post set in the ground at the intersection of the northerly line of the Austin Lot, so called, now owned by the grantee herein, with the westerly line of the cemetery lot; thence following said Austin Lot north eighty-three degrees fifteen minutes west one thousand ninety-two and three tenths feet to a stone post set in the ground at the intersection of the northern line of said lot with the eastern line of other land of said grantee herein; thence following said land of the grantee herein north two degrees forty-two minutes west seven hundred eighty and five tenths feet to an iron bolt set in a bowlder; thence still following said land of the grantee herein north three degrees fifty-three minutes east five hundred fifty-three and seven tenths feet to a stone post set in the ground in the southern line of the Fox Lot, so called, now owned by said grantee herein; thence following the southern line of the said Fox Lot south eighty-two degrees twelve 21 00 C 581-171 -2 minutes east one thousand one hundred thirty and seven tenths feet to a stone post set in the ground in the western line of the Jordan Pond Road; thence on same course, to wit: south eighty-two degrees twelve minutes east seventeen and seven tenths feet to the center line of said Jordan Pond Road; thence southerly by the center line of said Jordan Pond Road to the northern line of said Cemetery Lot; thence following said cemetery lot to the point of beginning by the following courses and dis- tances; first, north eighty-three degrees twenty-two minutes west one hundred forty-six and five tenths feet; thence south thirty-seven degrees thirty-eight minutes west one hundred three and fifteen one hundredths feet; thence south nineteen degrees thirty-five minutes west to the stone post, the point of beginning, containing thirty-seven and nine tenths acres. Expressly excepting, however, all rights of the public in so much of the said Jordan Pond Road as is in- cluded in the above description. Excepting, however, the camp, wagon and forge on the above described property which is to be removed by the grantor on or before July 1, 1924, and also excepting the 22 581-174 -3 crushed rock now on said lot belonging to Edwin C. Jordan who is to have until July 1, 1924 to remove the same. 23 CONCLUSION DESCRIPTION The proposed grant of a right of way passes over the Jordan lot as acquired by John D. Rockefeller, Jr. We find no attachments or other recorded encumbrance against the locus. Relying upon the indexes and records of the Hancock County Registry of Deeds and the Hancock County Registry of Probate, subject to what a survey might show, in the period searched we find marketable title to the locus presently in John D. Rockefeller, Jr. Dated May 15, 1956. SMITH AND FENTON By SmiRf 24 SUPPLEMENTAL INFORMATION Book 786 Page 544 Indenture. Dower released. Dated March 21, 1956. Recorded July 31, 1956. John D. Rockefeller, Jr. to United States of America THIS INDENTURE MADE THIS 21st day of March in the year of our Lord one thousand nine hundred and fifty-six, between John D. Rockefeller, Jr., of the City, County and State of New York, grantor, party of the first part, hereinafter referred to as the Grantor, and the Secretary of the Interior for and in behalf of the United States of America, party of the second part, said United States of America being the Grantee herein and hereinafter referred to as the Grantee. WITNESSETH: THAT WHEREAS by Act of Congress entitled "An Act to estab- lish the Lafayette National Park in the State of Maine", approved February 26, one thousand nine hundred and nineteen, as amended by Act of Congress approved January 19th, one thousand nine hundred and twenty-nine, the Secretary of the Interior is authorized in his discretion, to accept in behalf of the United States such property in Hancock County, Maine, including lands, easements, buildings and moneys as may be donated for the extension or improvement of said Park;and WHEREAS the said property hereinafter described consisting 9.000 - -2 of lands and easements is all held in private ownership by the said John D. Rockefeller, Jr.; NOW THEREFORE, the Grantor, for and in consideration of the facts above recited and of the covenants herein contained and as an absolute and unconditional gift to the Grantee for the extension and improvement of said Park, does hereby GRANT to said United States of America, all and singular, a right of way for all purposes of a way over a section of the Stanley Brook Motor Road as now laid out extending northerly from the northerly line of land conveyed by John D. Rockefeller, Jr. to the United States of America by deed dated April 27, 1936, recorded in Book 663, Page 548 of the Hancock County, Maine, Registry of Deeds, to the Jordan Pond Road, so-called. Said right of way being fully described by plan attached hereto and made a part hereof. Excepting and reserving unto the said John D. Rockefeller, Jr , his heirs and assigns, as appurtenant to his remaining land, the right to construct and maintain across said Motor Road at any point or points, roadways overhead, beneath the surface, or on grade. TO HAVE AND TO HOLD the same, together with all the privi- - leges and appurtenances thereunto belonging, unto the United States of America, for the public good and for the extension or improvement of sadd Park, forever. IN WITNESS WHEREOF, etc. Boliver SUPPLEMENTAL INFORMATION TAXES: Taxes are assessed in the Town of Mount Desert to the owner as of April 1. Taxes upon the locus up to the time of its transfer to the United States of America have been paid in full. POSSESSORY RIGHTS: To the best of our knowledge and belief there are no outstanding possessory rights affecting the property. MECHANICS LIENS: No examination has been made as to possible mechanics 1 liens against the locus since no buildings or structures are erected thereon. We have examined the records at the Hancock County Registry of Deeds from May 15, 1956, the date of the within Abstract, to this date, and find no conveyances other than those set out in this Supplement, affecting the title to the locus. In our opinion, subject to the comments in the Conclusion to the original Abstract, and as noted herein, title to the locus became properly vested in the United States of America for inclusion in Acadia National Park with the record- ing of the deed of conveyance from John D. Rockefeller, Jr. to United States of America on July 31, 1956, as heretofore abstracted. Dated August 13, 1956. SMITH AND FENTON BY Edmi R.Smith (regine) Abstracter. one j6 almose and 6.13 161 DAJ is (6) or ebea to the ..... where the informe of J. 300 agone and of 3.6 his - to art it the ACRE BROANSH a ... the on and 7. my VOINT with :