Nov.17, 1925 Mr. Charles O. Heyat 26 Broadway New York City Dear Mr. Heydt: SOMES LONG POND LOT A plan purporting to be the Eastman Hutchings plan has been found in the possession of Allan Freeman of Pretty March. Mr. Freeman has givon the plan to me to have recorded in Ell worth which I intend to do right away. Allan Freeman is the grandson of Rouben, 1 George and Rouben, ro- forred to on page 15 of my abstract, were brothers. I understand that this plan has been in the Freezan family ever since. it was made. The difficulties pertain to lots 9. 10 and 12 more than to the south orn neck. The southern neck can be easily defined. with reference to the comment on this abstract which you forwarded, I bog to say 1. The Somes plan is on record and applies to the oarly titles to the western portion of the Island. 2. The Hutchings plan, a copy of which I am enclosing herewith, will be recorded shortly. 3. with the plan referred to, it would appear to be Mr. C.O.H. -2- 11-17-23 possible to locate the premises from the deed shown on page 18 of the abstract from Rouben Freeman to John Somes Jr. et als. 4. In view of the above, would it not be sufficient to take title wi thout obtaining affidavits of possession or investigation of the tax assessment robls. I would suggest, however, that Mr. Simpson be asked to see if he can locate the premi ses with the plan in question. Mr. Somes tolls me that the actual corner bounds may be difficult to locate because of a fire which swept thru there some time ago but with the plan and the description re- ferred to some bound could probably be looated so that a sur- vey could be made. Very trily yours, AHL:G Form 1204 CLASS OF SERVICE SYMBOL Telegram WESTERN UNION CLASS OF SERVICE SYMBOL Telegram Day Letter Blue Day Letter Blue Night Message Nite WESTERN UNION Night Message Nite Night Letter NL Night Letter NL If none of these three symbols TELEGRAM If none of these three symbols appears after the check (number of appears after the check (number of words) this is a telegram. Other- words) this is a telegram. Other- wise its character is indicated by the wise its character is indicated by the symbol appearing after the check. NEWCOMB CARLTON, PRESIDENT GEORGE W. E. ATKINS, FIRST VICE-PRESIDENT symbol appearing after the check. RECEIVED AT HARBOR ME, 17RZ F 26 NL NEWYORK NY NOV 19 1923 A H LYNAM BARHARBOR ME 2 LETTER NOVEMBER SEVENTEENTH RECEIVED REGARDING QUESTION OF TITLE YOU ARE AUTHORIZED TO CLOSE I IMMEDIATELY WITHOUT WAITING FOR CORRECT ION OF DEFECTS PLEASE ADVISE HOW MUCH MONEY REQUIRED CHAS 0 HEYDT 753P Form 1206A CLASS OF SERVICE DESIRED Telegram WESTERN UNION Receiver's No. Day Letter WESTERN UNION Check Night Message Night Letter Patrons should mark an X oppo- TELEGRAM site the class of service desired: Time Filed OTHERWISE THE MESSAGE WILL BE TRANSMITTED AS A FULL-RATE TELEGRAM NEWCOMB CARLTON, PRESIDENT GEORGE W. E. ATKINS, FIRST VICE-PRESIDENT Send the following message, subject to the terms on back hereof, which are hereby agreed to Bar Harbor, Maino, Nov. 20, 1923. Mr. Charles O. Heydt 26 Broadway New York City I understand price of Long Pond property to be twenty five hun dred dollars Think I can get it for less Am writing A H DYNAM ALL MESSAGES TAKEN BY THIS COMPANY ARE SUBJECT TO THE FOLLOWING TERMS: To guard against mistakes or delays, the sender of a message should order it repeated, that is, telegraphed back to the originating office for comparison. For this, one-half the unrepeated message rate is charged in addition. Unless otherwise indicated on its face, this is an unrepeated message and paid for as such, in consideration whereof it is agreed between the sender of the message and this company as follows: 1. The company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the unre- peated-message rate beyond the sum of five hundred dollars; nor for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the repeated-message rate beyond the sum of five thousand dollars, unless specially valued; nor in any case for delays arising from unavoidable interruption in the working of its lines; nor for errors in cipher or obscure messages. 2. In any event the company shall not beliablefor damages for mistakes or delaysin the transmission or delivery, or for the non-delivery, of any message, whether caused by the negligence of its servants or otherwise, beyond the sum of five thousand dollars, at which amount each message is deemed to be valued, unless a greater value is stated in writing by the sender thereof at the time the message is tendered for transmission, and unless the repeated-message rate is paid or agreed to be paid, and an additional charge equal to one-tenth of one per cent of the amount by which such valuation shall exceed five thousand dollars. 3. The company is hereby made the agent of the sender, without liability, to forward this message over the lines of any other company when necessary to reach its destination. 4. Messages will be delivered free within one-half mile of the company's office in towns of 5,000 population or less, and within one mile of such office in other cities or towns. Beyond these limits the company does not undertake to make delivery, but will, without liability, at the sender's request, as his agent and at his expense, endeav- or to contract for him for such delivery at a reasonable price. 5. No responsibility attaches to this company concerning messages until the same are accepted at one of its transmitting offices; and it a message is sent to such office by one of the company's messengers, he acts for that purpose as the agent of the sender. 6. The company will not be liable for damages OF statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission. 7. It is agreed that in any action by the company to recover the tolls for any message or messages the prompt and correct transmission and delivery thereof shall be presumed, subject to rebuttal by competent evidence. 8. Special terms governing the transmission of messages under the classes of messages enumerated below shall apply to messages in each of such respective classes in addition to all the foregoing terms. 9. No employee of the company is authorized to vary the foregoing. THE WESTERN UNION TELEGRAPH COMPANY INCORPORATED NEWCOMB CARLTON, PRESIDENT CLASSES OF SERVICE TELEGRAMS ing and agreement that the Company does not undertake that a A full-rate expedited service. Day Letter shall be delivered on the day of its date absolutely, and at all events; but that the Company's obligation in this respect is NIGHT MESSAGES subject to the condition that there shall remain sufficient time for Accepted up to 2:00 A.M. at reduced rates to be sent during the the transmission and delivery of such Day Letter on the day of its night and delivered not earlier than the morning of the ensuing busi- date during regular office hours, subject to the priority of the trans- ness day. mission of regular telegrams under the conditions named above. Night Messages may at the option of the Telegraph Company be No employee of the Company is authorized to vary the foregoing. mailed at destination to the addressees, and the Company shall be deemed to have discharged its obligation in such cases with respect NIGHT LETTERS to delivery by mailing such Night Messages at destination, postage prepaid. Accepted up to 2:00 A.M. for delivery on the morning of the en- suing business day, at rates still lower than standard night message DAY LETTERS rates, as follows: The standard telegram rate for 10 words shall be A deferred day service at rates lower than the standard telegram charged for the transmission of 50 words or less, and one-fifth of rates as follows: One and one-half times the standard Night Letter such standard telegram rate for 10 words shall be charged for each rate for the transmission of 50 words or less and one-fifth of the initial additional 10 words or less. rates for each additional 10 words or less. SPECIAL TERMS APPLYING TO NIGHT LETTERS: SPECIAL TERMS APPLYING TO DAY LETTERS: In further consideration of the reduced rates for this special Night In further consideration of the reduced rate for this special Day Letter service, the following special terms in addition to those enu- Letter service, the following special terms in addition to those enu- merated above are hereby agreed to: merated above are hereby agreed to: A. Night Letters may at the option of the Telegraph Company A. Day Letters may be forwarded by the Telegraph Company as be mailed at destination to the addressees, and the Company shall a deferred service and the transmission and delivery of such Day be deemed to have discharged its obligation in such cases with re- Letters is, in all respects, subordinate to the priority of transmission spect to delivery by mailing such Night Letters at destination, post- and delivery of regular telegrams. age prepaid. B. Day Letters shall be written in plain English. Code language B. Night Letters shall be written in plain English. Code language is not permissible. is not permissible. C. This Day Letter is received subject to the express understand- No employee of the Company is authorized to vary the foregoing. 26 Broadway New York. October 24, 1923. Dear Mr. Lynam: Because of Mr. Boulware's illness, we have turned over to Mr. Rockeiller's counsel the abstract of title for the Somes property, which abstract was enclosed with your letter of September 26th to Mr. Boulware. The comment we have received on the abstract is set forth in the accompanying copy of the report. In view of this report, it seems to me that we would have to make further investigation along the lines suggested, not only in this report but also in your own letter of September 26th, before title is closed. This can be taken up at such time as you an oppor- tunity to do so conveniently. : Very truly, Mr. A. H. Lynam Bar Harbor, Maine VE will on REPORT ON ABSTRACT OF SOME S PROPERTY - Maine "I have caused the abstract of the Somes property to be examined and return it herewith, together with Mr. Lynam's letter to Mr. Boulware. It seems to me that the record title is hopelessly defective for the fol- lowing reasons: The early deeds refer to a plan made by Salem Towne, Junior, in 1808. Mr. Lynam refers to two copies. He should say whether this plan is on file in any public office. If so, then the filed plan governs. If this plan has never been filed, and if the original is not available, it seems to me that speculation as to its contents is not helpful. The Freeman, or Hutchins, plan referred to in the abstract has not yet been filed, and the original is apparently not in existence. All deeds referring to this plan and containing no other description may be regarded as a nullity as far as the record title is concerned. The first deed that contains a description upon which title by adverse possession can be based is the deed dated July 11, 1836, from Reuben Freeman to John Jones, Junior, Jacob Some s and Abraham Somes. The description is inadequate but it may be possible to identify the premises intended to be described. The deed from the successors of Jacob Somes to John J. Somes, who now claims title, dated April 11, 1877, refers to the property bought of Reuben Freeman, which is of some value in identifying the premises intended. The deed from John Somes (Junior) and the successor of Abraham Somes to John J. Somes, dated December 23, 1879, unfortunately contains no description except a reference to the Freeman plan and no reference to the deed from Freeman. I am not in a position to determine whether, in view of the con- dition of the title, Mr. Rockefeller will desire to pursue the matter further, but if he is anxious to acquire the property and the price is commensurate with the defective condition of the record title, then I suggest that John J. Somes be requested to point out to a surveyor the boundaries of the land that he claims to own; that a survey be made in possession; and that the survey be checked with the Freeman deed referred to above and the filed maps, if there are any, and that such proofs as are available be obtained in affidavit form showing the possession of John J. Somes and whether it has ever been questioned. The neighboring owners should be interrogated in this connection. Reference may also be had to the assessment rolls to show that John J. Somes has paid taxes, but this will be of no value unless the rolls contain an adequate description of the land or refer to a lot upon a filed tax map. 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