DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE Markre OFFICIAL WASHINGTON Lafayette fand 4 1921 National Palt Lynaw SECURITY Ban Haun Main Feb 5th 1921 Washington W.C. Wear M Xyann, (1) I will Unit Myself to nn Ogden (2) you drawing of Cow lots I believe to be he error, but I Cannot be sure Juring four darin Whw I return think, surveywar made al the have beefist fought, N the am one nty laud ascutance, but what because of that Jully I do out kum- (3) but regard to II the Marker land Uu had best Couvery If the Government now lots E ry for the plan which return, leaving D which in Complicated by My residuary light to be dealt hit late these two lot, E.which Mm M. originally ound, devived through hu hustand from th Ringham their, and 4, which the got by elebange from Yes and which was party the product My father bought to Higgin land Do getty this had Ext, ready for acceptance In the dud you Impa Mr. M's III life interest the lot Id will W (.of Counce, appear Un the lot daily except as for your form day with lot Conveyed- then in a poadtide restricted On lot Ert, 50 ft wide_ Ithing the best way undala te get the pesticution along the Deb. Head roadside atrogated, Mu Mr I- - that in, the Public Reservation I, him - bling the my purm interested and hy letter, its. restriction Why load stand Pubefo the iv it vo; if ful, we Can what the did at the taken, decd what lie beyond a Culam line - the 50ft live ben- - leave the real fn lem, lu the hands y the Public Reservations to them as I cell it, that Mus M's deed Was drawn last fall Please let nu be assured on this How about the Rowler hadly Hallicore War that also decded for the G the Reservation ? as how is it how held? V the R g which you find Mr City dated Feb. gnd f have gone to this & on that date_ will unit to this hy Jely, concerning it I thing it as good ar you Could have dom He culaurly would lu are to acquirs new all he Can_ Let the kun What you have done about the M Harland land, wau doing It is Mifer but to Licure that, N the John you Can www.gnt an often be it, fir VI litte ar on other fortelt, the better the Rock land Mumin Was 1 unit With again about along live Neu if the will agree to tell at ay learnable price- alm t then also, let Mu kunw Hadly wit ham got back by now_ Ihall Mazon between him V New Ent for a while longer linth Rufy mm polled as bay movement Ry the Way, th B.H. Bill sent me III tu must Statumt which I/o then Moon, checkmark_ntt Myma L the W. G.g Acadia- GRW addressed Steely to weft y the duterior Washing W.C v that they Mached tue shows intelligence Oa Done fair part here In I am a "field Office " he the with to hier have many thousan Imployer li it Acattend the Whole Comily Mum; and July the National Party Durin purble would know that Mar hen Plan instruct them to Continue faddin Mr always at Ra Hair, When Some One will Mccium the letteffor Me fourned it,bang they address - always liable to la a shifting one When I aw away- The Sincerely large B. was ABSTRACT OFTITLE OF PROPOSED EXTENSION TO LAFAYRTTE NATIONAL PARK, ABSTRACT OF TITLE To a tract of land in the Town of Bar Harbor, Hancock County, Maine, + lying easterly of the Schooner Head Road and shown on the accompanying sketch as lots D. E. and I'de Said sketch not being drawn to scale but designed as illustrative morely. EARLY HISTORY V EARLY HISTORY Mount Desert Island was formerly S part of the French Province of Acadia. In 1688 Louis x1V, King of France, granted to M. De La Motte Cadillac, one lesgue of land on each side of the river Donaquec (now Jordans River) to- rether with "Mount Desert Island and other islands on the fore part of said two leagues." So far 9.8 we know M. Cadillac did not take possession of the property and by the Trouty of Utrecht, which was concluded between Great Britain End France, Mount Desert became a part of the District of Maine an appendage of the British province of Massachusetts. In the year 1762 the General Court of Massachusetts granted the Island of Mount Desert to Francis Barnard, Governor of Massachusetts. But Barnard Was 8 British sympathizer, and going back to England just before the Revolution, his estates were soon after the war confiscat- ad by the State. In 1785 John Barnard, son and devisee of Trane is Barn- ard, made application to have his father's confiscated estates restored to him, and producing evidence that he had been a patriot notwithstanding his father's Coryism the General Court granted to him (in 1785) an undivided moiety of the Island. About this time Maria Theresa Do - Greguire, grand-daughter and heir of M. Cadillac appeared and potitioned to have the grant of the French King to her ancestor confirmed to her. The General Court considered her application favorably and while protesting that Madam DeGregoire had no legal right to the estate, and providing that the act should not be drawn into 8 precedent, in 1787 by Resolve granted to Kadam DeGregoire and her husband Bartholemy DeGregoire "All such parts and parcels of the Island of Mt. Desert and other islands and tractsof land particularly described in the grant or patent of his late Most Christian Majesty Louis X1V to said Mongieur De La Motte Cadillac, which now remains the property of the Commonwealth whether by original right, cessation, confis- cation or forfeiture, TT conditioned however that the De- Gregoires should become naturalized. Their naturalization was effected immediately after. The Frants to Cadillac and to the Barnards do not appear of record in this County, The former is recorded in Quebec, the latter in the Secretary of State's office in Massachusetts. The grant to the Degeegoires and the naturalization proceedings appear of record in the Hancock County Maine Registry of Deeds, in Vol. 1, Page 426, and Vol. 2, Page 199. Except where otherwise specified, the records herein referred to are those of the Hancock County, Maine, Registry of Deeds. PARTITION OF THE ISLAND. In the year 1788 Madam DeGregoire and her husband petitioned to the Supreme Judicial Court in Massachusetts to have the property partitioned and their moiety set off to them to hold in severalty. An attorney appeared for John Barnard and consented to the proceedings and Stephen Jones, Nathan Jones and Thomas Richardson were appointed Commissionery to make the parti- tion. Their report was confirmed in 1794 and is found of fecord in Vol. 2, Page 487 and reads as follows: "We, Stephen Jones, Nathan Jones and Thomas Richardson pursuant to the foregoing warrant to us directed. have set off to Bartholemy DeGregoire and Maria Theresa DeGregoire, his wife, their moiety of the Island of Mount Desert which is bounded as follows, viz: Beginning above Mr. James Richardson's st & stake and stones at the have of the tide at the Northern extremity of Mount Desert Sound and from thence running North thirty-e ight degrees West to a stake and stones upon the adge of the bank of high water mark upon the Northern side of said Island: thenco Easterly along by highwater mark down to and around the East end of said Island thence Westerly by the shore to said Mount Desert Sound: then Northerly by the shore up said Sound to the first mentioned bound, and that the whole of that nart of said Island to the Westward of said Sound and of said North- erly line from the head of said Sound to the Northerly shore to be the moiety (jr share of John Barnard, Esa. Bartholemy and Maria Theresa DeGrogoire thus acquired title to all that part of Mount Desert Island lying east of Somes Sound, including the pr perty in question. LOT F. The following is the chain of title to Lot F. referred to on the title page from the owner- ship of Barthclemy and Maria Theresa DeGregoire to the ownership of Matilda C. Markoe. This parcel comes out of a lot, marked on the plan of the Island of Mount Desert, "John Cousins" although there is, of record, no deed to him of the property. I do not know what his relation was to the property, he may have been a squatter upon it or it may have been bonded to him. The fact that it is so marked upon the plan has no special importance. It was divided into two parts, the eastern part was known as the Zacheus Higgins lot and the western part as the Doan Higgins lot. While the locus seems to come out of the Zacheus Higgins lot, some part of it may extend into the Dean Higgins lot. I am therefore setting forth the detailed history of both lots. 1 Vol. 2, Page 558. Warranty Deed. Dower released. Dated March 28, 1792. Recorded Sept. 1, 1794. Bartholomy DeGregoire & Maria Theresa DeGregoire nee de Caddillace -to- Henry Higgins. A certain tract or parcel of land containing one hundred acres situated lying and being on Mount Desert Island in the County of Hancock & Commonwealth of Massachusetts & bounded 8.9 follows viz: beginning at a stake and stones, the bounds between Stephen Higgins and Henry Higgins, first running north sixty five degrees west five rods to a pine tree, then south 15 degrees west 347 rods to an oak stake, then south seventy five degrees East 60 rods to a cedar stump, then North 15 degrees East to the Shore - then fol- lowing the shore to the first mentioned bounds - Together with all the Estate, right, title, Interest, use, property claim and demand whatsoever of us the said Bartholomy & Maria Theresa which we now have or at any time heretofore had of in, and to the aforementioned premises, with the appur- tenances, or any part thereof, or which at any time hereto- fore has been held, used, occupied, or enjoyed as part or parcel of the same. 2 HEIRS OF-HENRY HIGGINS. I learn from Eben Hamor's History of the Town of Eden, now Town of Bar Harbor, that Henry Higgins died March 24, 1794, leaving two children Stephen and Mary, and a widow Anna, who married Roger Googins. The following is an extract from said History:- Israel and Mary Snow Higgins See Book 1, p. 116. Their children were: 1. Henry, born Nov. 27, 1769 at Eastham mar. Ann Googins and settled in Trenton (now Lamoine) He died Mar. 24, 1794. Their children were: 1. Stephen settled in Trenton (now Lamoine) see p. 159. 2. Mary married Eaton settled in Trenton (now Lamoine) Henry Higgins' widow mar. Roger Googins of Trenton (now Lanoine) 3 ZACHEUS HIGGINS LOT. The heirs of Henry Higgins, the grantee in the preceding deed, conveyed the western half of the "Cousins" lot to Dean Higgins, see page 19. No deed, however, is found of record of the eastern half. David Stanwood who apparently claimed title to it died without conveying. All of his heirs conveyed except Thomas born in 1793 and Humphry born in 1809. I have been unable to learn about them. They may have pre-deceased their brothers and sisters. So far as I can learn no one has claimed any interest under them. And at this late date I feel no claim could be success- fully made. 4 DAVID STANWOOD AND HIS FAMILY David Stanwood son of Jacob and Martha Bradstreet Stanwood WES born Aug. 22, 1772, married Eunice, daughter of Thomas and Eunice Wasgatt. She was born at Mt. Desert Feb. 2. 1777, settled at Bar Harbor. He died August 6,1818. Their children were :- Thomas born Feb. 7, 1793 Sally " May 6, 1796 married 1st Richard son of Semuel and Lydia Higgins Hadley, sottled at Town Hill married 2nd Dea. John Dodge of Blue Hill, where she died. Job born Oct. 17, 1798 died Sept. 13, 1818. Deborah born June 20. 1801 married see p. 154 Roxalana 77 April 3, 1804 Eunice " May 2, 1807 Humphry " Aug. 31, 1809 William W. " June 1, 1812 Martha 11 Aug. 10, 1815 married Zacheus son of Abijah and Nancy Buckley Higgins sottled at Cromwells Herbor. She was deaf and dumb. NOTE:- The above was taken from Eben Hamor's History of Eden. 5 Vol. 67, Page 178. Quitclaim Deed. Dower not released. Dated Aug. 30, 1834. Recorded June 27, 1838. William Stanwood -to- Dean Higgins. All my right title & interest in & unto a certain tract or lot of land being & lying in Eden aforesaid it being known as the lot of land former- ly owned by David Stanwood of said Eden deceased and now in common with the other heirs of said deceased, containing fifty acres more or less. NOTE:- Apparently by some oral arrangement Dean Higgins accepted in place of the above the eight and a half rod strip which he conveyed to Charles Bunker (see page 24) 6 Vol. 127, Page 143. Quitclaim Deed. Dower not released. Dated Dec. 26, 1846. Recorded Sept. 3, 1866. Eunice Higgins, John Dodge, Sally R Dodge, Iseac Collier and Roxalana Collier. -to- Martha Higgins. In Eden: Beginning at a stake and stone the bounds be- tween Stephen Higgins & Henry Higgins first running North 65° West 5 rods to a pine tree; then South 15° West 347 rods to an oak stake then South 75° East 60 rods to a Cedar stump then North 15° East to the Shore then following the shore to the first mention- ed bounds, containing forty five acres more or less. Reference to be had to former deeds of said lot. NOTE: George Foster and Eunice foster appear in the body of the deed, but they do not sign. Eunice Foster, however, released her interest by separate deed, see page 15. The interest of her husband George being only a dower right, pro- vided he survived his wife, lapsed upon his death. 7 Vol. 127, Page 144. Quitclaim Deed. Dower released. Dated Nov. 16, 1855. Recorded Sept. 3. 1866. Daniel Rodick end Deborah Rodick -to- Martha Higgins. All our right, title & interest in and unto a certain tract or lot of land being and lying in Eden aforesaid it being known as the lot of land formerly owned by David Stanwood of said Eden (now deceased) and now in common with the other heirs of said deceased, con- taining fifty acres more or less. 8 Vol. 114, Page 108. Quitclaim Deed. Dower not released. Dated July 15, 1861. Recorded July 23, 1861. Martha Higgins, wife -to- Town of Eden. of Zacheus Higgins 2nd Four-fifths of a certain lot of land lying in said Eden, and bounded as follows - Beginning at a Stake and Stone at the Shors, running South 15 degrees West following Mr. Conners line three hun- dred and forty-seven rods, thence south Seventy five degrees East twenty Six rods, thence North fifteen degrees East to E Stake & Stone, at the shore, thence following the Shore to the first mentioned bound, containing forty six ecres, more or less - being a lot of land a part of which was deeded to the aforesaid Martha Higgins by the heirs of David Stanwood of Eden. 9 Vol. 127, Page 145. Quitclaim Deed Dated Oct. 14, 1865. Recorded Sept. 3, 1866. Benjamin H Higgins, John McFarland and Martha Higgins, wife of Henry Knowles, Select- to Zacheus Higgins, 2nd. men of the Town of Eden. Four fifths of a certain undivided lot of land, lying in said Eden and bounded as follows:- Beginning at a stake and stones at the shore running South 15° West following Wm. Conners line 347 rods; thence South 750 East 26 rods; thence North 150 East to a stake end stones at the shore; thence following the shore to the first mentioned bounds, containing 46 acres more or less in the whole lot, and is that which was deeded to the town of Eden, by the said Martha Higgins July 15, 1861. NOTE: It does not appear that the Selectmen, who executed this deed, wera authorized to do so by vote of the town; To cure this defect a new deed was obtained, see page 34. 10 Vol. 131, Page 315. Warranty Deed. Dower not released. Dated August 25, 1868. Recorded Sept. 4, 1868. Eunice R. Foster -to- Henry H. Clark. A certain undivided one fifth part of a tract of land lying in the town of Eden at Bar Harbor in said Town and known as the Zacheus Hig- gins place, and is the same lot that Martha Higgins conveyed four fifths of to the said H. H. Clark, by her deed dated January eighteenth 1866 and recorded in Hancock Registry of Deeds. 11 Vol. 127, Page 146. Quitclaim Deea. Dower released. Dated Jan. 18, 1866. Recorded Sept. 3, 1866. Martha Higgins and Zacheus Higgins -to- Henry H. Clark Four fifths of a certain undivided lot of land lying in said Eden and bounded as follows, Be- ginning at a stake and stone at the shore running South 15 O West following Mr. Conners line 347 rods, o thence South 75 OWest 25 rods, thence North 15 East to a stake and thence at the shore thence following the shore to the first mentioned bounds, containing in the whole lot 46 acres more or less and is the same lot deeded to the town of Eden by me the said Martha Higgins July 15, 1861. NOTE: The deed recites as being from Marthe Higgins in hor own right and Zaccheus Higgins 2nd in right of his wife Martha. 12 Vol. 131, Page 314. Warranty Deed. Dower released. Dated Sept. 1, 1868. Recorded Sept. 4, 1868. Henry H. Clark -to- Charles H. Dorr and Thornton K. Lothrop In Eden: A lot of land lying in the nei ghborhood of Bar Harbor end known as the Zacheus Higgins lot and bounded as follows, Beginning at a Stake and Stone at the Shore, running South 15 degrees West following the Conners line three hundred and forty seven rods, thence South seventy five degrees East twenty five rods, thence North fif- teen degrees East to a Stake and thence to the shore, then following the shore to the first men tioned bounds, containing fortysix acres more or less, said lot is to be twenty five rods wide and no more measuring South Easterly from Conner's line square across the lot, the Stake and Stones at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above boundaries include the Southern side and landing of the Cove. 13 Vol. 153, Page 268. Quitclaim Deed. Dower released. Datad July 19, 1875. Recorded Nov. 12, 1875. Thornton K. Lothrop -to- Charles H. Dorr. half One undivided/part # all that lot of land in Eden in the County of Hancock and State of Maine in the neighborhood of Ber Harbor and known as the Zacheus Higgins lot bounded 28 follows Beginning at E. stake and stones at the shore running south 15 degrees west following the Conners line three hundred end forty seven rods; thence South seventy five degrees East twenty five rods, tienoe North fifteen degrees East to a stake and thence to the Shore then following the Shore to the first montioned bounds containing forty six acres more or less, said lot is to be twenty-five rods wide and no more measuring South Easterly from Conners line square across the lot; the Stake and Stones at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above boundaries include the southern side and landing of the Cove or however otherwise the premises may be bounded measured or described. Being the seme premises conveyed to me by Henry H. Clark by deed dated Sept 1, 1868 & recorded with Hancock Deeds Vol. 131 page 314 with all the rights and easements thereto belonging. 14 DEAN HIGGINS LOT Vol. 42, Page 311. Warrenty Deed. Dower not released. Dated March 11, 1822. Recorded March 19, 1822. Stephen Higgins, Anna Googins and Mary Eaton -to- Dean Higgins. In Eden: Beginning at the shore at a stake and stone former- ly the bounds between Stephen Higgins and Henry Higgins first running North sixty five degrees West five rods to a pine tree thence South fifteen degrees West three hundred and forty seven rods to an oak stake thence South seventy five degrees East thirty rods formerly to Devid Stanwood Western line thence following said Stanwood line to the shore thence following the shore to the first mentioned bounds containing fifty acres be there more or less. NOTE: The grantors herein are the two children and widow of Henry Higgins, see page 7 e 15 Vol. 65, Page 445. Warranty Deed. Dower Released. Dated May 16, 1838 Recorded June 27, 1838. Dean Higgins -to- Ambrose Higgins. In Eden: Beginning at the shore at a stake and stone formerly the bounds between Stephen Higgins end Henry Higgins, first running north sixty five degrees West five rods to E pine tree; thence south fifteen degrees West, three hundred& forty seven rods to an oak stump: thence south seventy five degrees East, thirty rods formerly to David Stanwoods western line; thence following said Stanwood's line to the shore; thence following the shore to the first mentioned bounds, containing fifty acres more or less with the buildings thereon. Reference to former deeds of said lot. 16 Vol. 65, Page 446. Mortgage Deed. Dower not released. . Dated May 16, 1838. Recorded June 27, 1838. Ambrose Higgins -to- Dean Higgins and Funice Higgins, his wife. In Eden: Beginning at the shore at a stake & stone, former- ly the bounds between Stephen Higgins & Henry Higgins, first running north sixty five degrees west five rods to & pine tree; thence South fifteen degrees West three hundred and forty seven rods to an oak stump; thence South seventy five degrees East, thirty rods formerly to David Stanwoods western line; thence following said Stanwoods line to the shore; thence following the shore to the first mentioned bounds - Contains fifty acres more or less with the buildings thereon- Reference to former deeds of said lot. After habendum appears: PROVIDED NEVERTHELESS, that if the said Ambrose Higgins his heirs, executors, administrators or assigns shall & do during the natural lives of the said Deen Higgins & Eunice Higgins his wife, & the survivor of them provide for the maintenance of said Dean and Eunice according to their rank & condition in life, & more particularly according to a 17 Vol. 65, Page 446. 2- certain bond, being the one hereafter mentioned, and perform the same, then this Deed & also said certain bond bearing oven date with these presents, given by the said Ambuose Higgins to provide maintenance &foresaid during the natural lives Of the said Dean & Eunice shall be void, otnerwise shall remain in full force. NOTE: The bond referred to does not appear of record. The conditions were apparently not fulfilled for Dean Higgins afterward conveyed the same property to Charles Bunker for the purpose of securing "maintenance" for himself and his wife during the remainder of their lives. See pages 24, 125 and 126. 18 Vol. 81, Page 3. Quitclaim Deed. Dower not released. Dated July 8, 1843. Recorded Oct. 5, 1846. Phebe Higgins Widow of Ambrose Higgins -to- Deen Higgins. All my right, title & interest in and to a certain lot of land on which the said Deene Higgins now resides and the same lot as conveyed by my late husband by mortgage deed dated May 16th, A.D.1838 & recorded in Hancock Registry, Book 65, Page 446. Beginning at the Shore at a Stake and Stone, formerly the bounds between Stephen Higgins and Henry Higgins, first running North sixty five degrees West five rods to a Pine tree, thence South fifteen degrees West, three hundred and forty seven rods to an Ock Stump; thence South seventy five degrees East, thirty rods formerly to David Stanwood's westerly line: thence following said Stanwood's line to the Shore; thence following the Shore to the first mentioned bounds:- containing fifty acres more or less with the buildings thereon - Reference to former Deeds of said lot. 19 Vol. 80, Page 347, Warranty Deed. Dower released. Dated October 20, 1846. Recorded Dec. 51, 1846. Dean Higgins -to- Charles Bunker. A certain tract or parcel of land lying in Eden aforesaid, and bounded and described as follows in the original deed of said lot recorded in the Registry of Deeds, Book 42, Page 311, "Beginning at the shore at a stake & stone formerly the bounds between Stephen Higgins and Henry Higgins first running North sixty five degrees west five rods to a pine tree; thence South fifteen degrees West three hundred & forty seven rods to an oak stump; thence South seventy tive degrees East thirty rods former- ly to David Stanwoods western line; thence following said Stanwood's line to the shore; thence following the shore to the first mentioned bounds - containing fifty acres more or less, with the buildings thereon." Also another piece of land lying on the Eastern side of the above named lot, and edjoining the same, eight & a half rods in width extending from the shore to the head of the lots. NOTE: Apparently, by some oral arrangement Deen Higgins accepted for his interest in the Stanwood lot, acquired of William Stanwood, Page 10, the eight and & half rod strip above described. 20 Vol. 113, Page 125. Warranty Deed. Dower not released. Dated March 19, 1861. Recorded May 13, 1861. Lydia C Bunker -te- John Conners In Eden: Beginning at the Shore at as Stake and Stone thence North sixty five degrees west five rods to E. pine tree thence so fifteen degrees West three hundred and forty rods to en Oak stump thence South Seventy five deg East thirty rods to what was formerly David Stanwoods western line thenco following said Stenwoods line to the Shore to the first mentioned bounds containing fifty acres more or less also another piece of lang lying on the Easternside of the above named lot and adjoining the Same Eight and a half rois in wedth extending from the Shore to the head of the lots. NOTE: After the covenents appears the following: Except the lot 81 rods wide adjoining the first mentioned lot against the heirs of David Stenwood. The 81/2018 rod strip is therefore excepted from the covenants of warranty. The deed purports to be from Lydia C Bunker, it is signed however Lydia C. Mills, the acknowledgment is "Lydia C. Bunker originally, now Lydia C. Mills." 21 Vol. 131, Page 263. Warranty Deed. Dower not released Dated July 7, 1868. Recorded Aug. 10. 1868. Lydia C. Mills. -to- John Conners. In Eden: Beginning at the Shore at a Popple stone beach on the North side of what is termed Dean Higging Cove at Ei Stake and Stone thence running North sixty five degrees West five rods to Vm. Douglass land, Thence South fifteen degrees West by said Douglass land three hundred and forty roas to an Oak stump thence South seventy five degrees East thirty rods to what was for- marly called David Stahwood's Western line thence fol- lowing said Stanwood's line to the Shore to & Cedar Stake thence following the Shore in as Northerly direc- tion to the first mentioned bound Containing Fifty Ecres more or less. Also another piece of land lying on the Eastern side of the above named lot and ed- joining the same Eight and & half rods in width ex- tending from the Shore to the head of the Lot. NOTE: After the covenants appears the following: Except the lot of 81/2 rods wide edjoining the first mentioned lot in fevor of the heirs of David Stanwood. The 81 rod strip is therefore excepted from the covenants of warranty. The deed purports to be from Lydia C. Bunker, it is signed however Lydia C. Mills, the acknowledgment is "Lydia C. Bunker originally, now Lydia C. Mills. " 22 Vol. 131, Page 282. Warranty Deed. Dower released. Dated Aug. 13, 1868. Recorded Aug. 17, 1868. John Conners -to- Mary H Mahan, wife of Dennis H. Mohan. In Eden: Beginning at a Stone at a Cobble Stone beach on the North side of what is termed Dean Higgins Cove at & Stake end Stone; thence running North 659 West five role to William Douglass' land thence South 15° West by said Douglass land three hundred and forty rolls to an Oak stump: thence South 75° East thirty rods to what was for- merly called Devil Stanwood's Western line; thence fol- lowing said Stanwood's line to the Shore to a ceder Stake; thence following the Shore in a Northerly direction to the first mentioned bound containing fifty acres more or less. Also another piece of land lying on the Eastern side 01 the above named lot and aijoining the same eight and a half rods in width, extending from the shore to the head of the lot, with all the buildings on the above described premises being the sime conveyed to me by deed of Lydia C. Mills, dated July 7th A. D. 1868, and 10- corded in Hancock Registry Vol. 131, Page 263. 23 Vol. 143, Page 81, Warranty Deed. Dower not released. Detod June 15, 1872. Recorded June E1, 1872. M.H. Mahan widow of Dennis -to- Charles H. Dorr. H. Mahan In Eden: Beginning at a stone at E. cobble stone beach on the North side of what is termed Dean Higgins Cove, at E stake and stone, thence running norty sixty five degrees (650) West five rods to William Douglass' land, thence South fifteen degrees (15°) West by said Douglass' land three hundred and forty cods to an oak stump, thence South seventy five degrees (75°) East thirty rods to what was formerly called David Stanwood's Western line thence following said Stanwood's line to the shore to a codar stake thonce fol- lowing the shore in & Northerly direction to the first mentioned bound, containing Fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot and edjoining the same eight and a half rois in width extending from the shora to the head of the lot, with all the buildings on the above described premises. 24 Charles H. Dorr died prior to May 1893, and by his will dated July 11, 1891 and probated in Hancock County, Maine, at the May term 1893 End recorded in Vol. 85, Page 160 of the Probate records for said Hancock County, de- vised all his property to his wife Mary G. Dorr. The will is also recorded in the Registry of Deeds in Vol. 272, Page 15. 241/2012 Will of Charles H. Dorr I, Charles Hazen Dorr of Boston Massachusetts do make and publish the following as and for my last will and testement hereby revoking all wills by me at any time here- - tofore made, intending to dispose of all my property real personal and mixed wherever situate, and to exercise all powers of appointment which I may under any will settlement or otherwise possess. First. I direct all my just debts and all proper charges against my estate to be first paid. Second. I give to my wife Mary Gray Dorr surviving me all my property real personal or mixed including all that I have at my decease any interest in claim to or power over:- should she not survive me, then to my son George Bucknam Dorr should he survive his mother and myself. Should neither my wife or son survive me I give the same after payment of such legacies as I may hereafter by codicil bequeath to form E charitable trust fund the income to be applied from time to time to such charitable purposes ES my trustees may deem most for the benefit of the people of the New England States and especially of Boston it being my wish that it should be used to stimulate and aid such movements as shall in the opinion of my trustees tena to make the general life of the people more vigorous 25 and healthful mentally morally or physically without being in their character "specifically religious or political. It is also my wish that the said income should not be used for the alleviation of already existing evils that have re- sulted from unwholesome conditions of life among the people as in the support of hospitals so called and similar insti- tutions but shall be rather used to aid in altering those conditions to others of & more healthful character. Nor do I wish either that this income should be spent in advencing the cause of a higher education by giving aid to universities and similar institutions but rather in the develooment of Ei sound and practical education for working men and women and in giving aid to any wisely conceived movements for widening their interests, developing their powers OI mini or body, cultivating their tastes enlarging their opportunities for wholesome pleasure and giving a healthful end invigorating environment to their lives. It is my intention by codicil to express my wishes more fully, but if I should not do so I believe that the above directions will suffice. Third. I appoint Charles P. Bowditch of Boston first trustee of said Trust and request that by writing in his lifetimo, if he see tit or by will, ne associate with himself or appoint such persons as he sees fit to con- stitute Ei perpetual Board of Trustees to carry on the 26 trust with power to fill vacancies and give to said Bowditch so long as he see fit to remain sole trustee and to the Board after he shall have once constituted it, or should it fail to ne constituted to such Trustees es the Court may appoint full power of management inclu- ding power to lease or let for long or short tarms and for improvement or otherwise and with or without option of purchase, to change real to personal or vice versa to sel 1 real or personal estate at any time forming part of the funa at public or private sele and convey tree of all trust and without liability to see to application of purchase money, end in general all the powers of an absolute owner, and I desire that no bonds or sureties or. surety be required of any trustees hereunder and said trustees may delegate their power by power OI attorney for not over six months at & time and the acts of 8 majority shall be as velid US though joined in by all, Fourth. I Eppoint said Charles P. Bowditch sole executor of this will and request that no sureties or surety be required on his bond and I give to my said executor and to any aaministrator of my estate with this will annexed rull power to sell any real or personal estate I may leave at public or private sale or to dispose by gift of any part of it that he may see fit, at any time whatever after my decease 27 if deemed expedient for change of investment 01 otherwise the proceeds if there are any to be assets of my estate End to convey accordingly free of all trusts 2nd without liability on part of any purchaser to see to application of purchase money. Notwithstanling anything hereinbefore contained I give all my personal effects, epparel, furniture, orna- ments, works of act, books, viete, linon. supplies all articles of personal or household use or ornament live stock and the like to said Charles P. Bowditch free of all trust. In witness whoreof I hereto set my hand and seal this eleven th day of Jul, in the year eighteen hundred and nine- ty-one. Charles H. Jorr (Seal) Signed, sealed and published by said tostator es and for his last will and testament in our presence who in his presence and the presence of each other have at his request hereto set our hands witnesses. Francis V. Balch Charles S. Rackemann Felix Rackemann. 28 Vol. 325, Page 252 Quit-Claim Doed Dated May 27, 1898 Recorded June 10. 1898. Inhabitants of the Town of Eden to Mary G. Dorr Four-fifths undivided of a certain lot of land lying in said Eden, bounded as follows :- Beginning at a stake and stones at the shore: thence running South fifteen degrees West following lend formerly of William Conners three hundred and forty-seven rods; thence South Seventy-five - degrees East twenty-six rods; thence North fifteen degrees East to & Stake and stones at the shore; thence following the shore to the first mentioned bound, containing forty-six acres more or less in the whole. Being the same land described in a certain deed fromthe Municipal Officers of said Eden to Martha Higgins dated October 14th, 1865 and recorded September 3rd, 1866 in the Hancock County Maine Registry of Deeds, Vol. 127, Page 145. The intent of this deed being to ratify and confirm said former deed to the said Mary G. Dorr, who has acquired title to the same under said Martha Higgins. NOTE: This deed was executed by John E. Bunker, Jr H. E. Wakefield and L. A. Austin, who were in the body of the deed recited to be the municipal officers of said town and authorized by a vote of said town, at E meeting held on the 26th dey of May 1898. 29 Vol. 377, Page 167 Abstract of Will of Mary G. Dorr Dated May 28, 1902 Recorded May 28, 1902 Will dated Apr. 20, 1897 Will ellowed May 6, 1902. First: If my son George Bucknam Dorr survive me, I devise and bequeath to him all my estate, real and personal and I appoint to him all property over which I may have any power of testamentary appointment. 30 Vol. 454, Page 547. Warranty Dead datad Oct. 12, 1907. Recorded Oct, 30, 1908. Goorge B. Dorr -to- Matilda C. Markoe. In Bar Harbor. Beginning at the junction of the division line between land of the said Grentor and land of the said Grantee herein, with the northeastern side of the Schooner Head Road, so-called; thence North thirty two degrees and ten minutes West (N. 32, 0 -10' W. ) but everywhere following said Schooner Head Road saven hundred (700) feet, more or less to the junction of said Schooner Head Road with the private wey established and the boundaries of which fully set forth in & certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Nurseries, E corporation, being also E party to said indenture); thence by the following three courses, but everywhere following the center line of said private way, to wit, first, South Seventy-three degrees East (S. 73 E. ) four hundred and twenty-one (421) fect; thence South eighty-two degrees and thirty minutes East (s. 82 o ~30' E.) sixty-three (63) feet; thence North eighty-nine degrees & na thirty minutes East (N. 89 0-30' E.) sixty-eight (68) feet to the division line between land owned by the Crantor and land owned by the Grantee herain; thence South twenty-one degrees and fifteen minutes West (s. 21° -15' W.) but everywhere following said division line four hundred and sixty-five (465) feet 454-547 2- more or less to the place of beginning, containing three acres, more or less. Being a parcel of land marked "Lot F. " upon a certain plan made by E. W. Hill, C.E., and entitled "Map of Property Belonging to Mrs. John Markoe and George B. Dorr, Bar Harbor, Hancock County, Maine, 1907," which plan is to be recorded herewith in the Hancock County, line, Registry of Deeds, Book of Plans. Two strips of land being parts and parcels of said Lot F are hereby conveyed expressly subject to the fol- lowing restrictions, not conditions subsequent, to wit: First:- That no building or other structure or any part thereof shell ever be erected or maintained there- on, or upon any part of the same. Second:- That no poles or wires for electrical or other service carried on or above ground and no water pipes or other pipes on or above the surface of the ground shall ever be laid 01 maintained thereon. or upon any part thereof. Third:- That no yards or enclosures such as yards for animals or poultry, stable yards, laundry yards or yards for storage, shall ever be maintained upon any part thereof. Bourth:- That no manure or garbage heaps, garden or other refuse or any other obvious source of disfigurement or ammoyance to either sight or smell, shall ever be deposited upon-any part thereof. Vol. 454-547- 3- The object and purpose of the above restrictions is to preserve the beauty of the road sides end the pleasant- ness of the roads to those abutting on or using them. The strips of land hereby conveyed subject to the above rastric- tions are described as follows:- 1st:- A strip of land fifty feet wide in every part bounded Northerly by the Southern side line of said private way; Easterly by Lot E., as shown upon said plan; Southerly by a line parallel with the Southern side of said private way and everywhere fifty feet distant therefrom; and Westerly by said Schooner Head Road. 2nd:- A strip OI land fifty feet wide in every part bounded Southwasterly by the Northeastern side of said Schooner Head Road; Northwesterly by the strip of land next hereinabove described as restricted; Northeasterly by E line parallel with the Northeastern side of said Schooner Head Road and everywhere fifty feet distent therefrom; and Southeasterly by Lot E. as shown upon said plan. The Grantee herein, for herself and her Heirs by acceptance of this deed covenants and agrees with the Grantor herein, his Heirs and Assigns that no part of said strips of land fifty feet wide, next hereinabove described, shall ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon the Grantee and all future 454-547 4- owners and tenants thereof in favor of the Grantor, his Heirs and Assigns and all future owners and tenants of his estate known as "Old Farm" End all parts thereof, and all future ownern and tenants of the lots of land conveyed by the Grantee herein to the Grantor herein by deed bearing even date herewith. But neither said Grantee herein nor her Heirs or any future owner or tenant of seid restricted strips of land or any part thereof shall be personally liable for any violation of said restrictions by her or their Grantees or Lessees. And I, the said George B. Dorr, for the consideration aforesaid do hereby impose similar restrictions upon two strips of land beingpart and parcel of my estate known as"Old Farm" said strips of land being bounded and described ES follows:- First: A strip of land bounded Northeasterly by the Southwentern side of said Schooner He ad Road; Southerly by land of the Grentee herein; Southwesterly by a line parallel with the Southwestern side of said Schooner Head Road and everywhere fifty feet distant therefrom; Northerly by a line parallel to the Southern boundary line above described, so drawn that a production thereof will intersect the Northeastern side line of the Schooner Head Road at E: point fifty (50) feet Southerly from the junction of said Northeastern side line with the Southern line of said private way. Second:- A strip of land bounded Southerly by the Northern side of said private way; Masterly by the Western line 454-547 5- of Lot C. . as shown upon said plan; Northerly by line parallel with the Northern line of said private way and everywhere fifty feet distant therefrom; and Westerly by seid Schooner Head Road. And the said Grantor herein, for himself and his Heirs, hereby covenants and agrees with the said Grantee herein, her Heirs and Assigns, that no part of said strips of land fifty feet wide next herein above described shall ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land End be binding upon said Grantor and Ell future owners and tenants thereof, in favor of said Grantee, her Heirs and Assigns and all future owners and tenants of the lot of land herein described as conveyed, and all future owners end tonants of land of said Grantee lying Southerly and Easterly of said "old Farm" or any part thereof. But, neither the said Grantor herein nor his Heirs, nor any future owner of said strips of land or any part there- of, shall be personally liable for any violation of said restrictions by his or their Grantees or Lessees. Said ways and restrictions are expressly excepted from the operation of the covenants hereinafter contained. LOTS D. AND E. The following is the chain of title to Lote I. and E. referred to on the title page from the ownership of Bartholemy and Maria Theresa DeGregoire to the ownership of Matilda C. Markoe. Bartholomey and Maria Theresa DeGregoire gave to Henry Jeckson a warranty deed, being one undivided moiety of Motust Desert Island. The deed Was dated August 4, 1792, and recorded in Volume 1, Page 518. The island WES PE.C- titioned by Commissioners appointed by the Suorene Judicial Court in Massachusetts whose report was confirmed in 1794 and is found in Volune 2, Page 487. This per- tition gave the DeGregoires the eastern half of the island which included the Iscus. ii nry Jackson conveyed the same property to William Bingham of Philodelphia, by warrenty deed, dated July 9, 1796, end recorded in Volune 4, Page 74. William Bingham by his will, dated January 30, 1804, and proved in this county February 27, 1810, and recorded in the Probate Records Volume 5. Page 365, devised Ell his American property to five trustees, in trust, two-fifths for his son and three-fifths for his two daughters. By the terms of his will, the trust terminated prior to 1850 and the property became vosted absolutely in the son and the heirs of the daughters in the proportions above stated. For the more convenient management of the estate, the property was again put in the hands of trustees, Joseph Reed Ingersoll, then United States Minister to Great Britain, and John Craig Miller of Philad lphia, being selected as trustees. The trust under which these trustees claimed title WES created by the following conveyances; deed dated December 17, 1851 and recorded in Book 98, Page 144; deed datel June 21, 1849 and recorded in Book 166, Page 308; deed dated July 18, 1853 and recorded in Volume 98, Page 150; will dated June 11, 1855 end recorded in the Probate Records Volune 52, Page 156; deed dated April 11, 1861, and recorded in Volume 143, Page 343; deed dated August 12. 1862 and recorted in Volune 143, Page 346. The said trustees were given the fullest nowers to sell and convey and make and execute deeds 01 any or all of the property and their grantees are absolved from ell responsi- bility as to the application of the proceeds. It WES further provided that the surviving trustee shall have power to fill any vacancy caused by death, or otherwise. There is another clause in these trust deeds providing that the cestuis que trust may revoke or annul the trust at any time by an instrument in writing executed in the manner described in the trust deed. The court of last resort in this state has decided that the Bingham trust is not violative of the rule against ner- petuities End that the titles derived under it are clear EO far as this objection.is concerned; see Pulitzer VE. Living- ston, 89 Maine Report Page 359. In 1867 Mr. John Craig Miller having deceased, William Bingham Clymer was appointed to fill the vacency and convoyances were mede and executed vesting the property in Messrs, Ingersoll end Clymer. See deeds dated December 4, 1867, and December 12, 1867, and recorded August 26, 1868 and June 30, 1894, in Vol. 132, Pages 49 & 52, and Vol. 282, Pages 28 & 35. In 1868 Joseph Reed Ingersoll having deceased, Charles Willing was appointed trustee to fill the vacancy and conveyances were executed vesting the property in Messrs. Clymer and Willing as trustees. See deeds dated April 22, 1868, and recorded August 26, 1868, in 701. 132, Pages 56, 60, 64 and 69. In 1873 William Bingham Clymer having deceased, Chapman Biddle was appointed to fill the vacancy, and conveyences were made and executed vesting the title in Messrs. Willing and Biddle as trustees, See deeds dated August 11th, 1873, and recorded Aug. 25th, and 27th, 1879, in Vol. 167, Pages 18, 25,39 & 46. CHAIN OF TITLE. The deeds in this group bring the title to the fee of the land, not including easements and rights, from the Trustees of the Bingham Estate down to Matilda C. Markoe. Mrs. Markoe's title to the easements and rights is set forth in later pages. It appears from this group of deeds that the Trust- ees of the Bingham Estate in 1880 (page 46) conveyed to Matilda C. Markoe a tract containing more than eighty- seven acres which includes Lots D and E, and also the Newbold Lot on the south of it, the Chase Lot on the north of it and the Leeds Lot on the east. In 1881 this land seems to have been sold for tax- es ( page 48), but in 1883 8 conveyances was made to Mrs. Markoe bringing the tax title back to her ( page 49). Vol. 174, Page 100. Quitclaim deed, Dated May 4, 1880. Recorded May 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder deceased -to- Matilde C. Markoe. Beginning neer the mouth of Best Brook at a point on the sea between Ber derbor and Schooner Head at an iron bolt in the ledge at low water mark and running thance South fifty-six and three-fourths degrees West across the beach to a stake on the top of the beach, which stake bears South thirty-five and a half degrees East from a spruce tree on tue top of the beech and is distant two rods and sixteen links from said spruce tree (these courses and ell the courses here- in given or described being from the magnetic meridian): thence from said stake North seventy-nine degrees Test to the centre line of said Bear Brook; thence in & general Wester- ly direction for one hundred and fifteen rods and thirteen links from the said stake on the top of said beach up the middle of said Bear Brook where there is only one chennel of seil Brook, but where there are more than two channels of sui Brook in and through the middle line of the mildle channel of said Brook, and where there are only two channels OI said Brook, then through the middle of the Island formed by the said two channels to a stake in the centre of a small Island on the East line of land of Charles H. Dorr; 174-100 2- thence on said East line of said land of said Dorr, North nineteen degrees East one hundred and twelve rods to a stake and stones on the South line of land of Lucy Ellis; thence on said South line or said land of said Lucy Ellis North eighty-five degrees East, eighty-nine rods and six- teen links to the sea; thence by the sea in a general Southerly direction one hundred and fifty-one rods end twenty-tvo links to the sui iron bolt E T . low water mark at the place of beginning, and containing eighty-seven (87) acres and one hundred and fourteen and three-tenths square rods, and being always hereinafter meant and intended by the words "said parcel of land" wherever said words are herein used, be ssiu requirements or said contents more of less. Vol. 190. Page 115. Tax deed. Dated Dec. 22, 1831. Recorded Oct. 4, 1883. Eben M. Hamor -to- George S. Hale. This lot was assessed in the sum of thirty- two dollars and no cents, to C. Willing and C. Biddle, Trustees of Markoe lot as E. non-resident owner of real estate. A certain parcel of real estate in said town described as follows, to wit:- Situated at Bear Brook between Crowwells Harbor and Schooner Head in said Town of Eden and contains eighty-eight acres. Vol. 190, Page 227, Dower/released, Dated Oct. 16, 1883. Recorded Oct. 23, 1883. Geo. S. Hale -to- Matilda Merkoe. A certain lot or parcel 0.£ land situated in the Town of Edon, County of Hancock and State of Maine, and being the same premises described in a certein deed dated December 22, 1881, and recorded in the Registry of Deeds for said County of Hancock in Vol. 190, Folio 115 to which deed and said record thereof reference is hereby expressly made for a more particular descrip- tion of the premises herein conveyed. Lots D. E. and F from the ownership of Matilda C. Markoe to the present time. The title of Matilda C. Markoe passed to George 5. Dorr and the Hancock County Trustees of Public Reservations by the following proup of deeds. Mrs. Markoe in 1907 conveyed Lot D. sub- ject to certain restrictions, to Mr. Dorr, see pages 51 to 58 who, the same day reconveyed the property to Mrs. Markoe for her life, see pages 59 to 62. In 1920 Mrs. Markoe conveyed Lots H. and F. and all her interest in D. to the Hancock County Trustees of Public Reservations, see pages 63 to 64. Vol. 454, Page 543. Warrenty Deed. Deted Oct. 12, 1907. Recorded Oct. 30, 1908. Matilda C. Markoe -to- George B. Dorr. Two certain lots or parcels of lend situated at Bar Harbor, Town o Elen, eforesaid, bounded and described as follows: to wit:- First Lott- Beginning at E stone post set in the ground in the Western line of a certain private way known as the Old Right of Way Road, in the Northern line of land of Newbold; thence South sixty-five degrees and thirty minutes West (S. 65 -30' W.) but everywhere following sail Northern line of land of Newbold, two hundred and eleven (211) feet, more or less to an iron bolt set in a ledge; thence North twenty-five degrees West (N. 25 W.) passing through two iron bolts set in ledges, seven hundred (700) feet to a stone post set in the ground in the Southern line of a private way established End the boundaries of which fully set forth in a certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Hurseries, E corpora- tion, being also a party to suid indenture); thence on same course ten (10) foot, more or less, to the center line of said private WEJ; thence by the following seven courses, but everywhere following the genter line of said private way. to wit: first, South sixty-seven degrees and forty minutes East (s. 67 -40 E ) one hundred and forty-three and five -tenths Vol. 454-543 2- (145,3) feet; thence North eighty-three degrees and three minutes Best (N.83 -3 E. ) forty-six (46) feet; thence North forty-eight degreos and thirteen minutes East (N. 48 - 13 E.) fifty-six (56) feet; tience North ten degrees and fifty-two minutes East (N. 10 - 52 E.) one hundred and seventy- five and see-tenths (175.3) feet; thonce North thirty- three degrees and forty-five minutes East (N. 33 - 45 E.) fifty- six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 37 - 18 E.) two hundred and eighty-three (283) feet; thence North twenty-five degrees and thirty four minutes East (N. 25 -34' E.) eighty-sid(86) feet to the center of said Old Right of Way Road in the Southern line of land formerly of Theodore Chase; thence South four degrees and thirty minutes West(s. 4 -30' W. ) buteveywhere following the center line of said Old Right of Way Road, four hundred and eighty (480) feet; thence South two degrees and thirty minutes East (s. 2 -30' E.) still everywhere following the center line of said Old Right of Way Road, five hundred and seventy-two (572) feet to said Newbold lino; thence South sixty-five degrees End thirty minutes West (S. 65 -30' W.) bur everywhere following said Newbold line, one roa more or less to the place of beginning, containing six acres, more or less. Being a parcel of land marked "Lot D. n upon E certain plan made by E. W. Hill, C.E. and entitled "Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, 454-543 3- Bar Harbor, Haneock County, Maine, 1907" which plan is to be recorded herewith in the Hancock County, Maine, Registry of Deeds, Book of plans. Second Lot:- Beginning at a stone post set in the ground in the Eastern line of land of the Grantee herein, at the Southwestern corner of a lot of land owned formerly by said Theodore Chase: thence South twenty-one degrees and fifteen minutes West (S. 21° -15' W.) but everywhere following the Eastern line 01 said land of the Grantee six hundred and for- ty (640) feet to a stone post set in the ground in the North line of the private way established as aforesaid; thence on same course ten (10) feet more or less to the center of said private way; thence by the following eleven courses, but everywhere following the center line of said private way, to wit, first North seventy-five degrees East (N. 75' E.) ninety-five (95) feet; thence North fifty-three degrees and twenty minutes East (N. 53° o -20' E.) ninety-three End five- tenths (93.5) feet; thence North sixty-one degrees and fifty minutes East (N. 61°-50' E.) seventy-three (73) feet; thence South eighty-nine degrees and thirty-four minutes East (S. 89° -34' E.) seventy (70) feet; thence South sixty-seven degrees and forty minutes East (S. 670-40' E.) one hundred and forty-three and five tenths (143.5) feet; thence North 454-543 4- thence North eighty-three degrees and three minutes East (N. 83° -38 E.) forty-six (46) feet; thence North forty- eight degrees and thirteen minutes East (N. 48° -13' E. ) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 10° -52' E.) one hundred and seventy-five and three -tenths (175.3) feet; thence North thirty-three degrees and forty-five minutes East (N. 33°-05 I E.) fifty-six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 370 -18' E.) two hundred and eighty-three feet; thence North twenty-five degraes and thirty-four minutos East (N. 25° o -34' E. ) eighty-six (86) feet to the South line of said land formerly of Theodore Chase; thence South eighty-six degrees West (S. 86° W. ) but everywhere following said South line of Chase, ten (10) feet, more or less, to a stone post set in the ground inthe Western line of said private way: thence on same course still following the Southern line of said land of Chase, five hundred end eighty-live (585) feet to the place of beginning, containing six and five-tenths (6.5) acres, more or less. Being a parcel of land marked "Lot C. F upon said plan. A strip of lend being part and parcel of Lot C. is hereby conveyed expressly subject to the following re- strictions, not conditions subsequent, to wit:- 454-543 5- First: - that no building or other structure or any part thereof shall ever be erected or maintained thereon, or upon any part OI the same. Second: That no polos or wires for electrical 01 other service carried on or above ground ant no water pipes If other pipes on or above the surface of the ground. shall ever be laid 0: maintained therson, or upon any part thereof. Third: - The L no yerds Of enclosures, such as yards for animals or poultry, stable yerds, laundry yards or yards for storage, shall ever be maintained upon any part thereof. Fourth: :- That no manure or garbage herps, garden or other refuse or any other obvious source OI didfigurement or ennoyance to either sight or smell, shall ever be deposited upon any part therof. The object anu purpose of The above restrictions is to preserve the beauty of the roadsides and the pleasantness of the roads to those abutting on 02 using them. The strip of land hereby conveyalsubject to the abovo restrictions is described SS follows :- Bounded on the South by the North line of saiu Drivate way; on the east by E production of the Westerb line of Lot D. hereinabove described; on the North by a line with the North line of said private way and everywhere fifty (50) feet distant therefrom: 454-543 6- and on the "rest by the nestern line of said lot hereinabove described as conveyed. The Grantee herein for himself and his neirs by acceptance of this deed covenants and agrees with the Grantor herein, her Heirs and Assigns, that no part of said strip of land fifty feet wide next hereinabove described shall ever be used for any purpose prohibited by the restrictions bove set forth. It is agreed that said restrictions shall run with the land and be binding upon the Grantee and all future owners and tenants thereof in favor of the Grantor, her Heirs and Assigns and all future owners and tenants of her estate lying Southerly and Easterly of "Ofd Farm" so-called, and all perts thereof, including the lot 01 land conveyed by the Grantee herein to the Grantor herein by deed bearing even date herewith. But neither said Grantee herein, nor his Heirs, nor any future owner or tenant of said restricted strip of land or any part thereof shall be personally liable for any violation of seia restrictions by his or their Grantees or Lessees. 454-543 7- And I the said Matilue C. Markoe for the considere- tion aforesaid do hereby impose similar restrictions upon the strip of lana, being part and parcel of Lot E, as shown upon said plan, seiá strip of land being pounded and de- scribed as follows:- Bounded Northerly by the Southern line of said private way first hereinabove mentioned; Easterly by the Western line of said Lot D. ; Southerly by a line parallel with the Southern line of said private way and everywhere fifty feet distant therefrom; and Westerly by Lot I. shown upon said plan, being the same lot conveyed by said Dorr to said Markoe by deed bearing even date herewith. And the said Grantor herein for herself and her Heirs, hereby covenants and agrees with the said Grantee herein, his Heirs and Assigns that no part of said strip of land fifty feet wide, next hereinabive described snall ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon said Grantor and all future owners and tenants thereof in favor of said Grantee, his Hoirs end Assigns and all future owners and tenants of the lot herein described as conveyel, and all future owners and tenants of the Grantees estate known as "012 Farm" or any part thereof. 454-543 8- But neither the said Creator herein nor nor Heirs nor any future owner of said strip of land or any part there- of shall be personally liable for any violation of said restrictions by her'or their Grantees or Lossees, Said ways and restrictions are expressly excepted from one operation of the covenants hereinafter contained. Vol. 454, Page 535. Indenture Dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B Dorr -to- Matilda C. Markoe In Bar Harbor. Beginning at a stone post set in the ground in the western line of a certain private way known as the old Right of Way Road, in the Northern line of land of Newbold; thence South sixty-five degrees and thirty minutes West (S. 65° -30' W. ) but everywhere following said Northern line of land of Newbold, two hundred and eleven (211) feet, more or less to an iron bolt set in a ledge; thence North twenty-five degrees West (N. 25 W. ) passing through two iron bolts sat in ledges, seven hundred (700) feet to a stone post set in the ground in the Southern line of a private way established and the bounderies of which fully set forth in a certain indenture between the parties hereto, bearing even date herewith (The Mount; Desert Nurseries, a corporation being also & party to said indenture); thence on same course ten (10) feet, more or less, to the center line of said private way; thence by thefollowing Seven courses, but everywhere following the center line of said private way, to wit:- first, South sixty~soven degrees and forty minutes East(s. 670 40' E.) one hundred and forty-three and five-tenths (143.5) feet; thence North eighty-three degrees and three minutes East (N. 83° -3' E.) forty-six (46) 454-535 2- feet; thence North forty-eight degrees and thirteen minutes East (N. 48° -13' E.) fifty-six (56) feet; thence North tan degrees and fifty-two minutes East (N. 10° - 52' F. ) one hundred and seventy-five and three-tenths (175.3) feet; thence North thirty-three degrees and forty-five minutes East 0 (N. 33 -45' E. fifty-six (56) feet; thence North thirty- seven degrees end eighteen minutes East (N. of -18' E.) two hundred and eighty-three (283) feet; thence North twenty- five degrees and thirty-four minutes East (N. 25 o -341 E. ) eighty-six (86) feet to the center of said Old Right of Way Road in the Southern line of land formerly of Theodore Chase; thonce South four degrees and thirty minutes West (S. 4° o -30' W. ) but every=here following the center line of said Old Right of Way Road, four hundred and ei ghty (480) feet; thence South two degrees and thirty minutes East (s. 2° -30' E. still everywhere following the center line of said Old Right of Way Road, fivehundred end seventy-two (572) feet to said Newbold's line; thence South sixty-five degrees and thirty minutes West (s. 65 o -30' W. ) but everywhere following said Newbold's line one rod, more or less to the place of beginning, containing six acres, more or less. Being a parcel of land marked "Lot D.' upon a certain plan made by E. W. Hill, C.E., and entitled "Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907" which plan isto be recorded in the Hancock County 454-535 3- Maine, Registry of Deeds Book of plans. Meaning and intending to include the whole OI the lot described and numbered First Lot in a certain deed from the Grantee herein to the Grantor herein, Dearing even date with this instrument, but delivered prior to the delivery hereof. TO HAVE AND TO HOLD the premises above described and hereby granted, together with all privileges and appur- tenances thereof, to her, the said Matilda C. Markoe and hor Assigns for and during the term of the natural life of her, the said Matilda C. Markoe. This convayance is made expressly subject to the following restrictions, not conditions subsequent, to wit, that no buildings 01 other structures shall be erected on said Lot D. , and no trees shall be allowed to stend or grow thereon and nothing shall be placed, deposited or allowed to remain thereon, during the term herebf, that shall in either such case so obstruct or disfigure the view from any part of Lot C , shown upon said plan, ES to lesser the value of said Lot C. Nothing Shell be considered an obstruction of disfigurement within the meaning hereof unless &greed to be such by the parties interested or determined to be such by as compatent person selected by the parties or (in case of failure to agree, or failure to take action) selected by the Chief Justice of the Supreme Judicial Court of Maine. 454-535 4- Such person £0 selected shall have power to cause the removal of any such obstruction of disfigurement pro- vided that the game shall not be removed by the Grantee or her Assigns for thirty days after such determination. The expense of such reference and such tremoval by order of referee shall be borne by the parties equally. Those restrictions aball run with the land and be binding upon the Grantee and her Assigns, owners of the estate in said Lot D. hereby created in favor of the Grantor, his Heirs and Assigns, owners or tenants of all or any part of said Lot C. But, the Grantee shall not be personally liable for any violation of such restrictions by her assignee or Tenant. Vol. 556, Page 100. Quit Claim Deed. Dated Oct. 6, 1920. Recorded Oct. 12, 1920. Matilda C. Markoe -to- Lancock County Trustees of Public Reservations, All my right, title and interest in and to a certain lot or percel of lend situated at Bar Harbor &fore- said, bounded and described as follows. to wit:- Beginning in the eastern lino of the Schooner Head Road at the junction of said eastern line with the center lino of El private way established, and the boundaries of which are fully set forth in a certain Indonture between the par- ties hereto and the Mount Desert Nurseries, said Indenture being dated October 12, A.D.1907 and recorded in the Regis- try of Deeds in Book 454, Page 537; thence in En easterly End nottheasterly direction, but everywhere following the center line of said private way established as aforesaid, to the southern line of land formerly of Theodore Chase, at which point said private way forms & junction with the way known as the 01₫ Right of Way Road, said Old Right of Way Road being marked Et this point by stone posts set in the ground in the west and east lines thereof, said stone posts boing in the south line of said land formerly of Chase; thence south four degrees and thirty minutes west, but everywhere following the center line of said Old Right of Way Road four hundred and ei ghty feet; thence south two degrees and thirty minutes east, still everywhere following the center line of said Old Right of Way Road five hundred 556-100 2- and seventy-two feet to a stone post set in the ground in the northern line of land of Newbold; thence south sixty-five degrees and thirty minutes west, but everywhere following said northern line of land of Newbold eight hundred feet, more or less, to the said eastern line of said Schooner Head Road; thence by said Schooner Hear Road, in E northerly direction, ten hundred and seventy-five feet, more or less, to the point of baginning. Being a pa rcel of land marked D, E and F upon a certain plan made by E. W. Hill, Civil Engineer, and entitled "Hap of property belonging to Mrs. John Markoe and Goo. B. Dorr, Bar Harbor, Hamcock County, Maice, 1907," which plan is recorded in said Registry 01 Doeds in Plan Book 3, Page 27. The consideration for this deed is less than one hundred dollars. APPURTENA NT PASKMENTS. 1. OLD POST ROAD 2. STOUGHTON ROAD 3. DORR ROAD OLD POST ROAD. OLD POST ROAD. This name is applied in one of the early deeds to the way beginning at the Schooner Head Road and running southeasterly to the northeast corner of the locus; thence southerly, forming the eastern boundary line of the locus, and thence southerly and southwesterly TO the schooner He ad Road near Beer Brook. This is said to be an old road which was in use before it way described or mentioned in any deed. The northern and of this way crosses land of Dorr. This part of the way was in 1878 laid out as & private way by the selectmen of the town and in 1079 released by the Bingham trustees. We have not considered whether this laying out and release were 02 were not valid masquen as the way as now used was subsequently established by deed. In 1879 Charles H. Dorr granted to the Trustees of the Bingham Estate, then owning the locus, and also to Lucy Ellis, who owned land north of the Markoe lot, as an appurtenent way, a right of way across his land to the Schooher Head Road, ( page 70 ) By this dead Mr. Dorr reserved the right to change the location of the way. In 1880 rights in this way were accuired by Mrs. Markoe (page 79 ). . . In 1890 Matilde C. Markoe released her rights under said deed from Dorr (page 92 ) and received from Mr. Dorr a grant of & new way., Page 88. The next section of the 80-called Old Post Road crossos land formerly of Lucy Ellis. This was first established in 1877 by deed from the Trustees of the Bingham Estate in their conveyance of the land to Mrs. Ellis (page 68). In 1879 a change was made by deeds between Mrs. Ellis and the Trustees of the Bingham Estate then owning the locus) ( pages 76 and 78). In 1880 rights in this way were acquired by Mrs. Markoe (page 79). In 1883 & further change was made by indenture be tween Mrs. Ellis and Matilda C. Markoe ( page 81). Following the way southerly the next section crosses land of Chase and forms the eastern boundary of the locus and in part the northern boundary of land of Mrs. Newbold, until it makes a junction with the Schooner Head Road near Boar Brook. This section of the way was first established by the deed from Trustees of the Bingham Estateto Lucy Ellis in 1877 (page 68), included in the deed to Mrs. Markoe (page 79) and was defined in said indenture between Lucy Ellis and Matilda C. Markoe in 1883 (page 81) . The part of it crossing the Chase Lot was reserved in the deed of the Chase Lot from Mrs. Markoe to Mrs. Stoughton in 1885 ( page 100) and the part of it which crosses the Newbold lot was reserved in the deed from Mrs. Markoe to Mrs. Newhold in 1904 (page 97). Rights over this road were granted by Mrs. Markoe to Mrs. Newbold ( page 97). Vol. 156, Page 443. Quitclaim Deed. Dated Feb. 5, 1877. Recorded Feb. 17, 1877. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham the elder deceased -to- Lucy Ellis. General description: A tract of land next north of land conveyed by the Bridgham Estate to Mrs. Markoe in 1880 (Book 174, Page 100) and lying between land of Dorr and the sea. "And do also give, grant, bargain, sell and convey to said Lucy Ellis and her neirs and assigns as appurtenant to the said parcel of land hereby conveyed, a right of way two rods wide for animals, vehicles and on foot and for all purposes from said parcel of land Southerly and Westerly and to the same Easterly and Northerly over and through the land of the grantors to and from the highway from Bar Harbor to Schooner Head in said town of Eden b.7 the essiest fessible route to be Locatedwenever the grantors or their heirs or assigns or the grantee and her heirs and assigns shall agree or if they do not agree, whenever the County Com- missioners of said County of Hancock shall determine. But reserving out of said parcel of land hereby conveyed 8.8 appurtonant to land of said Grantors South of said parcel of land a right of WEY two rods wide for animals vehicles and on foot and for all purposes to and from such a way as shell first be laid out from said parcel of land to the highway 156-443 2- leading to Bar Harbor from the Southern boundary of said parcel of land beginning at the Eastern base of the hill near the Western boundary line of said parcel of land; thence around the foot of the hill Northerly and Westerly and to said boundary Easterly and Southerly around said foot to said base to be located when the grantees shall prefer, but not more than thirty rods from the Southwest corner of said parcel of lani. Vol. 169, Page 229. Quitclaim deed. Dower released. Dated Nov. 29, 1879. Recorded Jen. 24, 1880. Charles H. Dorr -to- Lucy Ellis and Charles Willing and Chapman Biddle, Trustees of the Egtate which was formerly of William Bingham, the elder deceased. And to all others for the time being owners or rightful occupants of all or any part of E. certain parcel of land, now of said Lucy Ellis, situate in Eden, Hancock County, End State of Meine: Bounded North and East by the sea; South by land of the Bingham Estate and West by land of said Dorr, forever; as appurtenant to all and every part of her asid parcel of land, and unto the said Charles Willing and Chepman Biddle End their heirs End essigns, and their successors in said Trust and their Heirs and essigns and to all others for the time being owners or rightful occurants of all or any now part of 8 certain parcel of land/of said Trustees situate in said Eden, bounded North by land of said Lucy Ellis, East by the sea, South by Bear Brook and west by land of seil Dorr, forever, as appurtenant to all and every part of their said parcel of land last herein mentioned a right of way over and across the lani of said Dorr to and from the highway known and called the Schoolior Heed Road. Such way hereby granted being particularly located and described as follows:- that is to say: 169-229 2- Beginning on the east side of said highway called the Schooner Head Road at the Southwest corner of & cottage of said Dorr and thence running following the avenue of said Dorr as now built first South 74° Bast eight and three-fourths rods to the west line of the "Sherman Lot" so-called; thence South 41.8.° East. five rods; thence South 513East five rods; thence South 621° East two rodd: thence South 7030 East five code; thence South 541 ° East nine and three-fifths rods to the Weat lina of land of said Dorr, which line is the East line of the said "Sherman Lot": thence South 671 East three rols; thence South 55% East five rods: thence South 481 Dent ten rois; thence South 50 East (diverging from the main avonue of said Dorr) four 20ds to E stake; thence South 261° East twelve rods: thence South 461° Eact six and three fourths rods: thence South 29° East three rolls; thence South 311° East four rods and seven links; thence South 501-0 East four roas and seventeen links; thence South 5430 East four rods; thance South fifty-eight and one-half degrees East two rods: thence South 831° Best two rods; thence North 81° East two rods; thence North 71. EES two rois to the point of & ledge;thenue south 891° East two rods; thance South 732° East two roda to E stake, the said way from the place of beginning to this last nerein mentioned stake. to be twenty feet wide; thence South 531 Fest one rod to a stake on the West line of said land of said Lucy Ellis:- 169-229 3- the said WEV at this place to be thirty feet wide. The line hereinabove Rescribed by its several courses, distances end monuments from said Schoonet Heed Boad to the said West line of land of said Lucy Ellis to be the centre line of the Way hereby granted. The courses hereinbefore named are the several courses but there are courses between the points hereinbafore given and said way is a curving WEI, running through said points hereinbefore named. For fur- ther indentifiction of said way hereby grented reference may be had to a clai of said W&J made by E. M Hamor, Sur- veyor, from his survey of the same made September 13th, 1879, said plan being dated Seot 13, 1879, Marked "A" and signed by Said . M Hemor ml herewith to be recorded, the wwy hereoy granted being marked on said plen in red ink which said way hereby granted shall be held and enjoyed by the said LUCY sllip and her heirs and assigns, and all said owners for the time being of her suit parcel of land as amartenant to all END every part or hersaid parcel of land, that is to say, the parcel first hereinbefore described forever, and by the said Charles Willing end Chapmen Biddle, Trustees as aforessid, their said successors, heirs anu as igns and all said other owners, for the time being of their said parcel of land as appurtenant to all and every part 0.1 their said reel of lani, that is to say of the parcel secondly hereinbefore mentioned and described 169-229 4 forever, to the full extent end with the same rights thereto 5.9 if the said way had been duly and legelly laid out and est blished as a private way for and to ent from sail parcels of land, to and from said highway called the Schooner Head Road by the proper officers end authorities under the Statutes of the State of Maine, the way hereby granted being a substitute for and instead of 8 way hereto- fore 20 laid out and established and which is hereby excepting and reserving to each and all of said grentees her, his and their said successors, heirs and assigns all and whatever is hereby to her, him or them granted hereby surrendered to said Dora his heirs and assigns, in consideration of the conveyence hereby of the way coreby grented. Reserving however to said Dorr and his Heirs and Assigns the right to change. except as hereinafter excepted, the location and direction of the way hereby granted to some other suitable location and direction, subetantially as good, and convenient for those who are to enjoy and use the same as said way so surrendered and whenever such change is made said Dorr hereby agrees for himself and his Heirs, Executors, Administretors and Assigns with each and all of said grantees herein named and of her, his and their executors End administrators, said successors, heirs and Essigns that he, the said Dorr and his Heirs and Assigns will make to each and all of said grantors herein named and to her 169-229 5 his and their said successors, heirs and assigns then owning all or any part now owned by said grantee or grantees of said parcel of land now of said Lucy Ellis hareinhefora described or of said parcel of land now of said Trustees heroinbefore described a new conveyance similar to those presente of such so changed way in fee simple to be held and enjoyed the same, and in end to all respects and intents whatsoever as this way hereby granted is or is to be under this con- veyence and thereupon each end Ell of the 881.1 grantees end of her, his and their said successors, heirs and assigns shall have the further use of the WEY hereby comved for the term of three months from the date of such new conveyance, after which they shall have no further rights therein wi th the exceptions hereinafter named but instead thereof shall have, hold and enjoy the said so changed way so to be con- veyed to her, him OF them as sforessid in lieu thereof; In C83C of disagreement 88 to the suitableness of any proposed location and direction of said SO changed way, the same shell be determined by the Count,7 Commissioners 01 the County of daneock for the time then being, but no change shall bo made in the termination of the way hereby granted at the said West line of said land of said Lucy Ellis nor in the said way itself for & distance of ten rods Easterly of said line, End any new location of or change of direction in the rest of said way 169-229 6- shell be SO made as to connect conveniently with such part or parts of said way as cannot or shell not be changed under and in accordance with the right of change hereinbefore re- served to said Dorr and his Heirs and assigns and all the rights, titles, interests, and easements hereby granted in, to upon OF over said part or parts, as hereby excepted and res served to and for each and all of said grentee or grantees herein named 01 said rights, titles, interests and ease- ments and to and for his, her and their said successors, heirs and assigns. The use by said Dorr or his Heirs or Assigna of the way hereby grented is not abridged by this conveyence. Vol. 169, Page 236. Quitclaim deed. Dower not released. Dated Nov. 29, 1879. Recorded January 24, 1880. Lucy Ellis -to- Charles Willing and Chapman Biddle, Trustees of the Estate which WES formerly of William Bingham the elder deceased. Grent of way to Willing and Biddle, Trustees, as owners of the land conveyed to Mrs. Markoe in 1380, Book 174, Page 100. Way described as follows: "Forever as expurtenent to every partion said parcel of land. a right of way over End across land of said Lucy Ellis, to and from the termination of a way hereinafter mentioned, granted to her and others by said Dorr, on the West line of gaid Tend of said Lucy Ellia, such way herein granted being particularly located and described 25 follows, to wit:- Beginning at & stake on the North side of a way granted by said Charles H. Dorr, across his land to said Lucy Ellis and others, by his deed dated this day and on the said West line of said land of said Lucy Ellis and thence on said west line South 190 West six rods and seventeen links to a stake about one rod Northerly of a ledge; thence diverging from said line, South 1° West two and three fifths rods to a stake; thence South 31/20 West one and three fifths rods to a stake, seven feet Westerly from a cherry tree, such hereby grented way to be twenty feet wide and the above described line in its several courses and distances to be the westerly line of such way. The aforesaid line being that run and 169-236 2- located by E. M. Hamor, surveyor, Sept. 13, A.D. 1879, and as shown on a plan made by said demor dated Sept. 13, 1879, and marked "A" end referred to iri and recorded 0 $ to be re- corded with said deed of said Doer which seid way hereby granted shall be held and enjoyed by soil Charles Willing, Trustees as aforesaid, their said successors, heirs and assigns and Ell owners of 811 and Eny pirt of said parcel of land first herein described forever, as appurtenant to every part of sail parcel to the full extent and with every right and all rights therein IS were reserved by said Charles will- ing and Chapman Biddle Trustees 88 &foressid in their reser- vation of E way cross said parcel of land of sail Lucy Ellis in their conveyance to her of paid parcel by deed dated Feb. 5, 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, Folio 443 but without right of any class ge or relo- cetion of the way as herein grented, the way herein granted being an extension of the said way reserved in said deed to said way acrose said land of said Dorr." Vol. 169, Page 233. Dated Nov. 29, 1879. Recorded January 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham the elder deceased - to - Lucy Ellis. Release of certain part of way formerly existing for which released part the way granted by the next preceding deed is a substitute. A certain part of the WEY reserved in our former deed to said Lucy Ellis, dated Feby. 5, A.D. 1877 and recorded in the Hancock County Registry of Deeds in the State of Maine, Vol. 156, folio 443, to wit:- All that part of said way which lies to the Eastward of the way this day conveyed to us by the deed of the said Lucy Ellis end laid out by E. M. Hamor, Sur- veyor, to which deed reference may be had, and also all right, titlos, interest and easements of us, of either of us in or to saidpart horsin released, so that all the way the said Trustees, their successors or assigns shall have upon and across the land of said Lucy Ellis named in said deed of Feby. 5, 1877 to the northward of the stake, named in said dead from said Lucy Ellis to said Truetees of this day, as being saven feet west- erly of the Cherry-tree, shell be all and only the way this day conveyed to said Trustees by said Lucy Ellis But this conveyence shall not affect any part of the way to the South- ward of said stake, reserved in our said former deed of Feby. 5, 1877. Vol. 174, Page 100. Quitclaim Deed. Dated May 4, 1880. Recorded May 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder, deceased, -to- Matilda C. Markoe. Conveyance of a tract of land containing eighty-seven acres and one hundred and fourteen and three tenths square rods (See p .46) together with & way described as follows: And also as appurtenant to said parcel of land, certain rights of way to wit:- All the rights of way reserved to and by said Trustees in their deed to Lucy Ellis, dated February 5th, A.D. 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, folio 443, except so far as the said last herein mentioned rights of way are abridged or surrendered by a deed from said Trustees to said Ellis dated November 29th, A.D. 1879, and recorded in said Registry of Deeds, Vol. 169, Folio 233, to both which deeds and such records thereof re- ference is to be had for a more particular description of the extent, limitations and conditions of said last herein men- tioned rights of way; and also as appurtenant to said parcel of land all the rights of way conveyed to said Trustees by said Lucy Ellis by her deed dated November 29th, A.D. 1879, and recorded in said Registry of Deeds, Vol. 169, Folio 236, and all the rights of way conveyed to said Trustees by Charles H. Dorr by his deed dated November 29th, A.D. 1879 and recorded in said Registry of Deeds Vol. 169, Folio 229 to both which 174-100 2- last herein mentioned deeds and such records thereof reference is to be had for E particular description of the extent limitations and conditions of said last herein mentioned rights of way so conveyed by said Ellis or by said Dorr, subject always to the right of way heretofore granted across said parcel of land to said Lucy Ellis by, and described in a deed from said Trustees to her dated February 5th, A.D. 1877 and recorded in said Regis- try of Deeds, Vol. 156, Folio 443 to which deed and rocord reference may be had for a particular description of the extent, limitations and conditions of said last herein mentioned right of way The premises above described and hereby conveyed being subject &lso to the easement or all existing legal public high- ways over the same and the foregoing decription of said parcel of land being according to at survey and plan of the same mede by Levi B. Wyman, Surveyor, September 10th and 11th, A.D. 1879. Meaning hereby to convey to the said Matilda C. Markoe as and her heirs and assigns/aforesaid, all and the same rights, titles and interests in and to said parcel of land which the said William Bingham, the elder derived from the Common- wealth of Massechusetts whether directly or by mesne conveyences, as appears by his title deeds duly recorded in said Hancock County and said State of Maine. Vol. 189, Page 179. Indenture. Dated May 28, 1883. Recorded June 11, 1883. Lucy Ellis -and- Metilde C. Merkoe. WITNESSETH: That whereas Charles Willing and Chapman Biddle, Trustees of the Estate which Was formerly of William Bingham, the elder, deceased, by their deed dated on the fifth day of February A.D. 1877, and recorded in the Registry of Deeds for the County of Hancock in the Stateof Meine in Vol. 156, Page 443, conveyed to said Lucy Ellis & certain parcel of lani situate in the town of Eden in said County, and also as appurtenant to said parcel of land a right of way two rods wide ES therein described, to be located wherever they Or their Heirs or assigns and said Lucy Ellie or her heirs OF assigns should agree or if they dil not agree, wherever the County Commissioners of said County should determine, and reserved another right of way in said feed described as appurtenant to land then of said Trustees noi 90 conveyed lying South of said parcel of land 80 conveyed out of and over said last herein mentioned parcel of land, and whereas said last herein mentioned right of WEV S) reserved has been extended by a deed dated on the twenty ninth day of November A.D. 1879 from svid Lucy Ellis to said Trustees, recorded in said Registry Vol. 169, Page 236, and in part relessed by a deed from them to her dated on said day and recorded in said gistry Vol. 169, folio 233, and said Trustees have since 189-179 2- the dates of said three deeds conveyed said land held by them at said dates over and through which land said first herein mentioned right of way was so granted as aforesaid ( and as appurtenant to which also said secondly herein mentioned right of way was so reserved as aforesaid) to said Matilda C. Markoe by their deed dated on the fourth day of May A.D. 1880 and recorded in said Registry Vol. 174, page 100, so that she has all the rights, powers and interests which said Trustees at and immediately before said deed to har had in, or in refer- ence to both said rights of way or said extension, and where- as said Matilda C. Markoe and said Lucy Ellis have agreed to fix, define and locate as hereinsfter set forth, the route and limits of said first harein mentioned right of way, and of said secondly hereinbefore mentioned right of way 80 far as not fixed, determined and located hy said two deeds both dated on said twenty ninth day of November A.D. 1879. Now then said Lucy Ellis doth hereby grant, convey, re- lease and confirm unto said Matilda C. Markoe and her heirs and assigns all and the same rights of way granted to said Trustees by said Lucy Ellis by her said deed dated on the twenty-ninth day of November A.D. 1879 and also in full sat- isfaction of any and all rights of way so reserved as afore- said to said Trustees in and by their said deed to said Lucy Ellis dated on the fifth day of February A.D. 1877, doth grant. 189-179 3- release and convey to said Metilda C. Markoe and her heirs and assigns forever, a right of way two rods wide for animals, vehicles and on foot and for all purposes to and from and as appurtenant to Ell and any and every part of said parcel of land conveyed to said Metilda C. Markoe by the said deed of said Trustees dated on said fourth day of May A. .D., 1880 to and from, upon and over said right of way granted to said Trustees by said Lucy Ellis by her deed dated on the twenty- ninth day of November A.D. 1879, to and from the way in said deed referred to as grented to her and others by Charles H. Dorr, and to and from upon and over and through g. certain strip or pacvel of land which is part of said land conveyed to said Lucy Ellis by said Trustees as aforesaid, and by their deed dated on the fifth day of February A.D.1877, the centre line of which striv of land is one rod from the outer or boundery lines thereof and is described and runs as follows:- Beginning at a stake which stand one rod Easterly from a stone post which post stands seven feet westwardly from a cherry tree, saii stone post being the southwest terminus of E right of w&y already granted by said Lucy Ellis to said Charles Willing and Chapman Biddle Trustees, by her said deed to them dated on the twenty-ninth day of November A.D. 1879 as appurtenant to land then of said Trustees now owned by said Metilda C. Markoe and as an extension of the way so 189-179 4- reserved by said Trustee in and by their said deed to her dated on the fifth day of February A.D.1877, said centre line runs from said stake first South 14° 15' E. 1 rod and 1 link; Thence S. 24° 55' E. 3 rods and 19 links: thence South 12° 20' E. 1 rod and 12 links; thence S. 20 W. 6 rods and 12 links; thence South 6€ 15' W. 2 rods and 8 links: thence S. 12 E. 1 roa and 17 links; thence South 225 301 E. 3 cods and 4 links; thence S. 270 25' E. 6 rods and 2 links; thence South 19° 30' E. 6 rods and 5 links; thence S. 130 H. 1 rod and 14 links; to a stake in the line between land of seid Lucy Ellis and said Matilda C. Markoe. The courses given being b.v compass at this date according to E survey by E. M. Hamor, Surveyor. TO HAVE AND TO HOLD unto the said Matilda C. Markoe and her heirs and assigns forever all and singular the premises hereby granted or released to her or them; and said Matilda C. Markoe for herself and her heirs and assigns hereby accept said rights of way so hereby to her and them granted, convey- ed or confirmed in full of all and any rights, claims, and domands to or for ell or any rights of mey or passage over, on or through all or any part or parts of said parcel of land convayed or purporting to be conveyed to said Lucy Ellis by said Trustees by their said deed dated on the fifth day of February A.D. 1877 and doth hereby remise, release and forever 189-179 5- quit-claim to her the said Lucy Ellis and her heirs and assigns all right of way End passage over all or any part or parts of said parcel of lana, except the land over and through which any rights of way are hereby granted and conveyed or confirmed; and the said Matilia C. Markoe doth hereby grant, release and convey unto the said Lucy Ellis and her heirs and assigns, 88 appurtenant to said parcel of land conveyed or purporting to be conveyed to her by sid Trustoes by said deed dated on the fifth day of February A.D. 1877, a right of way two rods wide for animals, vehicles or on foot and for all purposes from and to said parcel of land Southerly and Wester- ly nn to the same Easterly and Northerly as appurtenent to said parcel of land and to and fromtha highway from Bar Harbor to Schooner Head in seid town over end through & certain strip or parcel of lend which is part of said De real of lend conveyed as aforossid to said Matilda C. Markoe, the centre line of which is one rod front the outer boundary lines thereof and is de- scribed and runs as follows, namely:- Beginning at E. stake on the line between lands of said Lucy Ellis and Matilda C. Markoe in the centre Of said two roas Right of Way granted by Seid Ellis to said Markoe, said centre line rims from said Stake S. 90 E. 4 rods and 1 links; thence S. 30 c E. I rod and 23 links; thence S. 55° 15' E. 1 rod and 81 links; thence S. 71° 30' E. 1 rod and 18 links; thence N. 730 E. 5 rods and 15 links; thence N. 84 °E. one rod and 22 links; thence S. 73 189-179 6- 45' E. 1 rod and 3 links to Old Path; thence l'ollowing said Old 1:3° PathSouth /451 W. rj rode and 2 links; thence S. 50° 30' West 6 rods and 00 links; thence South 18° W. 6 rols and 24 links; Thence S. 33 ° 10" W. 2 rois and 21 links; thence South 6° 30' W. 7 rods; thence S. 22 a 45' W. 4 rods and 26 links; thence South 50' E. 7 rods; thence S. 10 55' W. 5 rods End eight links; thence South 5° 55' W. 5 rods and 12 links; thence S. 4° 30' E. 3 robs and 23 links; thenca South 11° 25' i. 3 rods and 9 links; thence 3.07 30' E. 3 rods and 21 links; thence South 26° 40' E. 2 rods and 12 links; thence S. 5° 25' E. by rods and 9 links; thence South 2 0.30' E. 2 rods and 21 links thence S. 11 W. 4 rods end 18 links; thence South 70 55' E. 6 rods and 2 links; thence S. 3°5 W. 6 rois and -- links; thence South 13° 30' W. 4 rods and 10 links; thence S. 31° 15' W. 4 rods and 22 links; thence South 6° 50' W. 5 rois and 20 links; thence S. 64° 15 W. 3 rods and 19 links; thence North 74 ₫ 25' W. if rods and 3 links; thence It. 570 W. 3 rods End 16 links; thenco North 170 45' W. 5 rods and 20 links; thence S.° 73 W 4 rods and 16 links; thence South 50° W. 4 rods and 13 links; thence S. 74° 10' W. 6 rods and 6 links; thence South 79 45' W. 8 rods and 8 links; to a stake on the east side of Schooner Head Road, which said stake is 9 rods and 17 links N. 28 W. from the centre OI Bear Brook on the 189-179 7- east side of the bridge across said brook, said courses are by compass at this date according to a survey by E. M. Hamor, Surveyor. TO HAVE AND TO HOLD unto the said Lucy Ellis and her heirs and Assigns forever, e.11 and singular the premises hereby granted or released to her or them. And said Lucy Ellis for herself and her Heirs and Assigns hereby accepts said right of way SO hereby to her and them granted and conveyed in full for all and any rights of way or passage over or through all or any part or parts of said parcel of land conveyed or purporting to be conveyed to said Matilda C Markoe by said deed dated on the fourth day of May A. D. 1880 and doth hereby remise, release and forever quit-claim to her the said Matilda C. Markoe and her heirs the and assigns all rights of way or passage over or through ell or any part or parts of seid parcel 01 land except said strip or parcel of land hereinbefore described LE that over or through which a right of way is hereby granted and released. Vol. 247, Page 145. Quitclaim deed. Dower released. Dated March 31, 1890. Recorded Sept. 10, 1890. Charles H. Dorr -to- Matilda C. Markoe. Grent of way appurtenant to Markoe land. The description is ES follows: Do hereby give, grant, bargain, sell and convey unto the said Matilda C. Markoe and to her heirs end assigns and to all others, for the time being, owners or rightful occupants of all or any part of a certain lot or parcel of land now owned in part by said Matilde C. Markoe situated in the town of Eden County of Hancock and State of Maine, bounded north by land of Lucy Ellis; east by the sea, south by Bear Brook and west by land of said Dorr, forever, as appurtenant to all and every part of the said barcel of land, a right of way over and across land of said Dorr, situated in said town of Eden to and from the highway known as and called the Schooner Head Road, such way hereby granted being particularly loeated and described as follows, that is to SEY: Beginning at a stone post set in the ground in the east line of the County road, and at the centre of a road built by said Charles H. Dorr in the fell of 1888; thence following the contre of said Dorr's road and crossing sid Dorr's land as follows, to wit, south thirty-four degrees and twenty five minutes east seventy nine feet to & point bearing north fifty degrees east and ten feet distant from a stone post set in the ground; thence south forty xix degrees east eighty seven and one helf feet to a point bearing north forty two degrees 247-145 2- and thirty minutes east and ten feet distant from a stone post get in the ground; thence south forty eight degrees and ten minutes east three hundred and twenty two feet to a point bear- ing north forty five degrees and thirty minutes east and ten feet distant from E stone post set in the ground; thence e-outh forty degrees and twenty five minutes east eightyeight and one half feet to a point bearing north forty six degrees and thirty minutes east and ten feet distant from E stone post set in the ground; thence south forty nine degrees and thirty minutes east forty five feet to a point bearing north thirty degrees and thirty nine minutes east and ten feet distant from a stone post set in the ground; thence south sixty nine degrees and thirty minutes east fifty three and one half feet to a point bearing north nineteen degrees and thirty minutes east End ten feet distant from an iron bolt set in the ground near the outlet of the Pond; thence south seventy one degrees and forty five minutes east one hundred thirty eight and one half feet to a point bearing north twenty four degrees east and ten feet distant from a stone post set in the ground; thence south sixty one degrees End thirty minutes east six hundred and fifteen feet to E point bearing North ninetoen degrees east and ten feet distant from a stone post set in the ground; thence south eighty four degrees End fifty min- utes east thirty six and one half feet to a point bearing 247-145 3- north five degrees and thirty minutes west and ten feet distent from a stone post set in the ground; thence north seventy six degrees Gest sixty and one half feet to & point bearing north thirty minutes weet and ten feet distant from & stone post set in the ground; thence south eighty degrees east thirty seven and one helf feet to a point baaring north nineteen degrees CEST and ten feet distant from a stone post set in the ground; thence south eighty degrees east sixteen and one half feet to E. stone post set in the growni in the line between lands 01 was ssid Charles II. Dorr and Smith Lucy Ellis, and in The centre 01 the road leading to said Ellis' Cottage. The described line is the centre of said way and the WEY is to be twenty feet wide in every part, except the last sixteen and one half feet and that, to wit, the last rod of the length of said way, next to the line of sail Ellis is to we thirty feet wide. Whole distance fifteen hundred and eighty feet. For further identification of said way hereby granted reference may be had to Ei plan of said way made by E. M Hamor, surveyor from his surveys 01 the same made in April A.D. 1889, said plan being dated April 5th, 1889 and signed by slid E. M Humor and herewith to be recorded. Said way above described and hereby granted shall be held and enjoyed by said Matilda C. Markoe and her hei rs End assigns and all said for the time being, owners or rightful 247-145 4- occupants of her said parcel of land as appurtenant to all and every part thereof forever, and to the full extent and with the same rights there to , as if said way had been duly and legally laid out and established as a private way for and to and from said highway called the Schooner Head Road by the proper officers and authorities under the Statutes of the State of Maine, not however intending hereby to give any rights over said way to the public or to any person or persons, except the owners or rightful occupants (for the time being) of the parcel of land herein described. The way hereby granted is intended as a substitute for, and instead of any and all rights of way heretofore granted by said Dorr, or acquired in any manner across land of said Durr, as appurtenant to the lot of land of said Dorr as appurtenant to the lot of land herein described. And all said rights of way so previously granted or in any manner acquired and surrendered, except in so far as such rights of way in any part or parts thereof may be identical with the rights of way hereby granted. The use by said Dorr his heirs and assigns of the way hereby granted is not abridged by this conveyance. Vol. 247, Page 134. Quitclaim Deed. Dower released. Dated March 31, 1890. Recorded Sept. 10, 1890. Matilda C. Markoe and John Markoe, husband of said Matilda. -to- Charles H. Dorr. Owners and rightful occupants of a portion of the land situated in the town of Eden County of Hancock and State of Maine, mofe fully described in E certain deed of the ways and easements hereinafter described, from Charles H. Dorr to Lucy Ellis and others, dated Nov. 29th, 1879, and recorded in the Registry of Deeds for Hancock County, State of Maine, Vol. 169, Page 229, to which deed and record reference is expressly made for a full description, said land being described generally as two lots, to wit: First, bounded North and East by the see, South by land formerly of the Bingham Estate and West by lend of Charles H. Dorr. Second, bounded north by land of Lucy Ellis, East by the sea, South by Beer Brook and West by land of said Dorr, in consideration of the sum of one dollar and other good and valuable considerations to each of us paid by Charles H. Dorr, of the City of Boston, County of Suffolk, Common- wealth of Massachusetts, the receipt whereof we do hereby acknowledge do hereby remise, release, sell and convey and forever quitclaim unto the said Charles H. Dorr, his heirs and assigns forever &11 claims, rights, titles, interests and easements except as hereinafter stated, which are ap- purtenant to the portion of the above described land owned, held or occupied by us, and all claims, rights, titles,interests 247-134 2- and easements, which we derived, under said deed from Charles H. Dorr, dated and recorded as above specified, and which are described in said deed as follows: " A right of way over and across the land of said Dorr to and from the highway known and celled the Schooner Head Road, such way hereby granted being particularly located and described as follows, that is to SSI, Beginning on the East side of said highway, called the Schooner Head Road, at the South West corner of a cottage of said Dorr and thence running following the Avenue of said Dorr as now built, first South seventy four degrees East eight and three fourths rods to the West line of the "Sherman Lot" so celled; thence South forty one and three fourths degrees Fast five rods; thence South fifty one and three fourths degrees East five rods; thence South sixty two and one fourth degrees East two rods; thence South seventy and three fourths dagrees East five rods; thence south fifty four and one half degrees East nine and three fifths rods to the West line of land of said Dorr which line is the East line of said Sherman lot; thence South sixty seven and one fourth degrees East three rods thence South fifty five and three fourths degrees East five rods; thence South forty-eight & one half degrees East ten rods; thence south fifty & three fourths degrees east (diverging from the main avenue of said Dorr) four rods to E stake; thence South twenty six and one half degrees East 247-134. 3- twelve rods; thence South forty six end one half degrees East six and three fourths rods; thence South twenty nine degrees East three rods; thence South thirty one & one half degrees East four rods end seven links; thence South fifty and one helf degrees East four rods and seventeen links; thence South fifty four and one fourth degrees East four rods; thence South fifty eight and one half degrees East two rods; thence South eighty three and one fourth degrees East two rods; thence North eighty-one degrees east two rods; thence north seventy one & one fourth degrees East two rods to the point of & ledge; thence South eighty nine & one half degrees East two rods; thence South seventy three and three fourths degrees East two rods to a stake, the aforesaid way from the place of beginning to this last herein mentioned stake to be twenty feet wide thence South fifty three and one half degrees East one rod to a stake in the West line of said land of said Lucy Ellis; the said way at this point to be thirty feet wide, the line hereinabove described by its various courses, distances and monuments from said Schooner Head Road to the said West line of land of said Lucy Ellis to be the center line of the way hereby granted. The courses hereinabove named are the general courses, but there are curves between points herein- before given, and said way is a curving way running through said points hereinbefore named for further identification of said way hereby granted reference may be had to a plan of 247-134 4- said way made by E. M. Hamor, Surveyor, from his survey, the same made September 13th, A.D.1879, said plan being dated September 13th, 1879, marked "A" and signed by said E. M. Hamor and herewith to be recorded, the way hereby granted being marked on said plan in red ink." Meaning and intending hereby to remise, release and quit-claim to the said Charles H. Dorr his heirs and assigns forever except as here- inafter stated all rights, titles, interests, claims and easements, however the same may be described set forth in said deed from Charles H. Dorr, dated and recorded as above specified, so far as the same may be owned, held or occupied by as or either of us, or appurtenant to any of the above de- scribed land owned, held or occupied by us or either of us, meaning and intending further that this deed shall supplement E certain doed bearing even date herewith from Lucy Ellis, Theolore Chase & Alice B. Chase to the said Charles H Dorr in the body of which deed the names of the grantors herein appear, but which is not executed by them, so that this deed together with said deed from Lucy Ellis and others bearing even date herewith shall re-invest in said Charles H. Dorr, except as hereinafter stated all the claims, rights. titles, interests and easements conveyed by Charles H. Dorr by his deed first hereinabove described excepting and we 10 not here- by release any, but hereby except end reserve to and for our- 247-134 5- selves our heirs and assigns, and 3800 of us, ani the heirs and assigns of aach of us, forever, all of the claims, rights, interests, aasements ant titles in or to Eny way 01 other thingagranted or conveyed to us and our heirs and assigns by the deed of Charles D. Dorr, beering even date with these presents and to be recorded in the Hancock County Registry of Deeds although the same or any part theraof may be identical with the ways, rights, titles, interests and easements herein described or in upon or over any land covered by or included in said wa,7 herein described or Eny part thereof. Vol. 412, Page 249. Quitclaim deed. Dated October I, 1904. Recorded Oct. 3, 1904. Matilde C. Markoe -to- Virginia Newbold. Deed of land adjoining Beer Brook. Also granting and reserving ways as follows: Together with, and 8.2 spourtenant to the lot of lend above described, and all parts thereof, a right of way in common with myself, my hoire and assigns, owners or tenants of the Lot of land lying North of the lot herein described, and also in common with all persons lawfully entitled to Fimilar rights in, over end through the came ways described in two certain deeds, to wit, Indentura between Lucy Ellis and myself dated May 28th, 1883, and recorded June 11th 1883 in said Registry, Vol. 139, Page 179, and Dead from Charles H. Dorr to myealf dated Maroh 31st, 1890 and recorded in said Registry September 10th, 1890 in Vol. 247, Page 145. Meaning and intanding to grant and convey, end I do hereo by convey to sail Virginia Newbold, her heire and assigns. all rights and assements acquired by 140 under and by virtue of paid last described deed and indenture, 00 for 88 the same are appurtenant to the land herein described as conveyed, and any and all parto thereof; and also E right of way for all pur- poses in, over and through such part of said WE., described in said indenture as lies in and upon my land. 412-249 2- Reserving however, to myself and my heirs and assigns a right of way for all purposes in, over and through such part of said way described in said indenture. as lies in and upon the land herein described as conveyed. Rights of way herein granted and reserved shall be held and enjoyed by said Virginia Newbold and myself, our heirs and assigns in common, and in common with all persons lawfully antitled to similar rights, STOUGHTON ROLD. STOUGHTON ROAD. I have applied this name to the way leading scross the Chase Lot. formerly Stoughton Lot, from the Old Post Road in a general southeasterly direction to the land bargained to Mrs Leeds. I call this the Stoughton Road because it first was described and reserved in the deed from Mrs. Markoe to Mrs. Stoughton in 1885 (page 100). It will be observed that this way is subject to change in location by the owner of the Chase Lot (pages 102 to 10 5) It is appurtenant to the whole Markoe Lot. Vol. 203, Page 169. Quitclaim deed, Dated Sept. 18 1885. Recorded Not. 18, 1885. Matilda C. Markoe and John Markoe, her husband. -to- Mary Fiske Stoughton Grant of lot afterward owned by Theodore Chase and knowness the Chase lot. This lot comprises the northern part of the truct conveyed by the Trustees of the Bingham Egtate to Mrs. Markoe in 1880, Book 174, Page 100. By this deed Mrs. Markoe reserves as appurtenant to the locus rights of way in and over so much of the so-called "Old Post Road" as lies within the lot and also a further way which we have dseignated as the "Stoughton Road." The reservation is as follows: Excepting always that we said Matilda C. Markoe, and John Markoe, do hereby reserve for her and for her heirs and assigns forever, owners of all or any part or parts not hereby granted or released, of the parcel of land to her con- veyed by said deed of said Willing and Bidile and as appur- tenent to such pe.rt or parts, first the right to use and enjoy all and each of the rights of way hereby grented or hereby released, at any and all times and in common and in like menner and to end for the same extent and purposes with and as said Mary Fiske Stoughton end her heirs end assigns, own- ers of all or any part or parts of the land hereby granted or released, and as appurtenant thereto, may use and enjoy all, any End each of said rights of way hereby granted, or released, 203-169 2- and second Also a certain other right of way two rods wide for animals, vehicles, and on foot, and to pass and re- pass, and for all purposes, to and from all and each and every of said part or parts not hereby granted or released of said parcels of land, conveyed to said Matilda C. Markoe, by said deed of said Willing and Biddle both, to, from and over a certain strip or percel two rods wide at all points of land which is pert of said first herein described parcel of land, and the centro line of which is as follows, to wit:- Beginning in said centre line in the southerly boundary line of said land hereby released at E. point thirteen rods and nine links westerly from the iron bolt hereinbeforg mentioned in the ledge nee: the top of the bank and one rod End four links easterly from a stonepost standing in said southerly line and running from said point of beginning and following the centre of said NO.Y or strip of land, first north thirty eight degrees and twenty five minutes west two rods and twenty links; thence north thirty four degrees and thirty five min- utes west five rois and two links; thence north twenty nine degrees and fifty minutes west, five rods and fifteen links; thence north fifty-six degrees west one roa and twelve links to at stone post set in the ground; said stone post being at C on a plan herewith to be recorded marked as follows: "Plan of land near Bar Harbor, in Eden, Mt. Desert belonging to John 203-169 3- Markoe , The outline plan and division into lots made by L. B. Wyman, Surveyor, in 1879, The location of sites and roads leading thereto designed and laid out and approximately drawn upon this Plan by Jos. H. Curtis, Landscape Eng. Sept 1881, recopied and courses of roads given by E. M. Hemor, Surveyor, sept. 1885." thence north ninety degrees west, six rois end nine links; thence north eighty-five degrees end thirty min- utes west three rods and fourteen links; trence north eighty- eight degrees and thirty minutes wost five rods end five links; thence north sixty-eight degrees and fifteen minutes west five rods; thencenorth eighty asgrees and forty fivo minutes west two rods and twenty-four links; thence north seventy de- grees west five rods and eleven links; thence north sixty- seven degrees and forty five minutes west four rods and twenty-one links to E stone post set in the ground in said land over which said Lucy Ellis has a right of way, this point being indicated on said plan by E letter B., said strip of land and the said way over the same being two cods wide as &foresaid, one of each of said rods on each side of said line, and said point indicated by said letter "B", being at a point where said right of way last hereby reserved meets another right of way hereby released to said Stoughton and reserved for said Markoe, granting however to said Stoughton and her heirs and assigns, the right within, and not after 203-169 4- the expiration of one year from anu after any dwelling house shall have been built on any part 01 the said parcel of land hereby grented or released wholly at hor or their expense, and without expense to said Matilda C. Markoe or to any person claiming under her, to change , axcent as hereinafter excepted, the location and diraction 01 said way hereby reserved, the centro line of which begins. as aforesaid in said southerly boundary lins at said point thirteen rods and nine links westerly from said iron bolt, and to substitute for said W2.7, a W&J of the same width, and substentiãly of 88 easy grade and as good and convenient in every respect for those for whom said way is hereby reserved as said way, and running over suitable land, and to construct and fit for use end put in as good a condition for use and travel &E seid way shall be, at the time of said change, such substituted ray, except and provided that no change shall be made at of in the said beginning of said way hereby reserved, nor et or in the said point shown by the letter 3, at marked on said plan, end the only change 02 substitution hereby authorized, is and shall be between said beginning and said point. And whenever such change and substitution shall be medo, then the said Stoughton or, her heirs or assimn, owners of the said percel here- by granted or released, shall make to said Matilda C. Markoe or to her heirs or assigns, ov ning all or any part or parts not hereby conveyed of the larger parcel of land hereinbefore 203-169 5- and hereinefter mentioned and referred to as conveyed to her by said Charles Willing and Chapman Biddle, trustees, as aforas aid, a proper grant End conveyance of said so sub- stituted way in fee simple to be held End enjoyed by her, end her said heirs and assigns, owning as aforeseid, like as and in and to the same manner and extent. and in and to all respects and intents whatsoever as said way hereby reserved is or is to be, or CEN be held and enjoyed under these pre- sents. And thereupon end thereafter the said Matilda C. Markoe, and her heirs and assigns owning as adoresaid shall have the further and continued use of the said way hereby reserved until said Stoughton or her heirs or assigns shall have made and constructed said substituted way as aforesaid, and put the same in said condition, after which they the said Matilda C. Markoe and her said heirs and assigns owners as aforesaid, shall have no further rights therein, but instead thereof shall have, hold and enjoy as affresaid, the said so substituted way SO to be conveyed to her and them as afore- said in lieu thereof. In case of any question or dis- agreement as to the convenience, grade, quality, suitableness, or condition of said substituted way, or of any proposed loca- tion or direction of such so substituted way, the said ques- tion or direction of such so substituted way, the said ques- or disagreement shall be determined by the award of a majority of the County Commissioners, for the County of 203-169 6- Hancock for the time then being, after an opportunity for all the parties in interest then of age and carable of acting, to be heard by all of said Commissioners. Notice of the hearing before such Commissioners may be given by mail and the certificate of said Commisai oners or a majority thereof that all parties have had such oppor- tunity shall be conclusive. DORR ROAD. DORR ROAD This way leads from the northwest corner of the locus across land of George 3. Dorr and land formerly of Mrs. Markoe to the Schooner Head Road. It was establish- ed in 1907 by the indenture next hereinafter set forth between Mrs. Markoe and Mr. Dorr and the Nurseries, corporation. It will be observed that this way is subject to certain restrictions (page 109) Vol. 454, Page 537. Indenture. Dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B. Dorr, Matilda C. Markoe and The Mount Desert Nurseries. Indenture establishing way appurtenant to property of the parties to it, including the locus ( ) Way described as follows: Beginning in the Eastern lineor the Schooner Head Road at the junction of said Eastern line with the center line of said private way to be established hereby, said point of beginning being forty (40) feet distant measured by the East- ern side of said Schooner He ad Road from a stone post set in the ground near the South side of said private way; thence from said point of beginning running South seventy-three degrees East (S. 73° E. four hundred and twenty-one (421) feet; thence South eighty-two degrees and thirty minutes East (s. 82° - 30' E. ) sixty-three (63) feet; thence North eighty-nine degrees and thirty minutes East (N. 89 o -30' E.) sixty-eight (68) feet to the division line between land of the parties of the first and second parts hereto said pri- - vate way to be established hereby is at this point marked by a stone post set in the ground in the North line thereof and another stone post set in the ground in the South line there- of, both said stone posts being in said division line; thence North seventy-five degrees East (N. 75 E. ninety-five (95) feet; thence North fifty-three degrees and twenty minutes 454-537 2- East (N.° 53 - 20' E.) ninety-three and five -tenths (93.5) feet; thence North sixty-one degrees and fifty minutes East (N. 61°50' E.) seventy-three (73) feet; thence South eighty- nine degrees and thirty-four minutes East (S. 892341 E.) seventy (70) feet to line between lote D. and F., as shown upon the plan hereinefter referred to; at this point said private way is marked by a stone post set in the ground in the Southern line thereof, seid stone post being in the division line between saia lots D. and E. ; thence South sixty- seven degrees and forty minutes East (S. 67°-40 E.) one hundred and forty-three and five- tenths (143.5) feet; thence North eighty-three degrees and three minutes East (N. 83°- - 3' E. ) forty-eix (46) feet; thence North forty-eight degrees and thirteen minutes East (N. 48-13' E.) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 100- 52' E.) one hundred and seventy-five and three-tenths (175.8) feet; thence North thirty-three degrees and forty-five min- utes East (N. 330-451 E.) fifty-six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 37°- 181 E.) two hundred and eighty-three (283) feet; thence North twenty- five degrees and thirty-four minutes East (N. 250 -34' E.) eighty-six (86) feet to the Southern line of land formerly of said Theodore Chase, at which point said private way forms a Old junction with the way known as the/Right of Way Road, said 454-537 3- old Right of Way Road being marked at this point by stone posts set in the ground in the West and East lines thereof, said stone posts being in the South line of said land formerly of Chase. Said private way hereby established is shown unon a certain plan entitled Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907, made by E. W. Hill, C.E., to be recorded in the Hancock County, Maine Registry of Deeds. Said private wey hereby established is twenty (20) feet in width in every part and the line above described follows substantially the center line thereof, said private way has been built End wherever the line above described as the center line conflicts with the stone posts hereinabove referred to and with the lines of the wey as built, such stone posts End the lines of the wey as built shall control. It is agreed by and between the parties that said private way hereby established shall be subject to certain restric- tions, not conditions subsequent, to wit:- First:- That no poles, wires or pipes shall ever be erect- ed or maintained within, along or across the same on or above the surface of the ground. Second - That so long as both or either of the parties of the first or second parts hereto, their Heirs or Devises own any land abutting on said private way hereby established, no 454-537 4- rights of way or other rights or essements therein, and no right to use or enjoy any pipes or wires laid or maintained therein (save only as appurtenant to all or some part of the land hereinabove referred to as owned by the parties hereto shall be granted otherwise then by consent of said party or parties, their Heirs or Devises, owners of said abutting land. NOTE: The right to lay, maintain, repair, renew, use and enjoy water, gas and sewer pipes and electric light wires and suitable conduits for same beneath the surface of the ground in and under said way was specifically granted. RESTRICTIONS UPON THE LOCUS. 1. Dorr Road, 01₫ Post Road and Schooner Head Road. 2. Ten Foot way for electric line. The Dorr Road referred to on the foregoing page is fully set forth on pagos 106 to 110. The center line of this way forms the north- ern line of the locus. The Old Post Road also crosses the property and the Schooner Head Road is subject to the rights of the public. RESTRICTIONS UPON THE LOCUS. 1. Dorr Road, Old Post Road and Schooner Head Road. 2. Ten Foot way for electric line. The Dorr Road referred to on the foregoing page is fully set forth on pages 106 to 110. The center line of this way forms the north- ern line of the locus. The Old Post Road also crosses the property and the Schooner Head Road is subject to the rights of the public. TEN FOOT WAY FOR ELECTRIC LINE. TEN FOOT WAY FOR ELECTRIC LINE. This way leads in part over land of Mrs. Markoe and in part over land of George B. Dorr, in which Mrs. Markbe formerly had a life estate. It follows the northern line of the Newbold Lot, which line is defined in the deed from Mrs. Markoe to Mrs. Newbold (page ) The deed described on page grants to Mrs. Markoe the way leading across that part which lies within land of Dorr. The deeds from Mrs. Markoe to Harrison and Scott also describe and grant the whole way. Vol. 462, Page 251. Quit-claim Deed. Dower not released Dated September 1, 1909. Recorded Septembor 4, 1909. George B. Dorr -to- Matilda C. Markoe As appurtenant to all and every part of a certain lot 01 land situated in Bar Harbor, owned by the said Grantee, bounded generally as follows: Northerly by land now or form- erly of "heodore Chase: Easterly by the 808; Southerly by land of Virginia Newbold, and Westerly by the center line of the private road leading from the Sols Cliff Drive to the Schooner Head Road. The right and assement to construct, maintain, repair renew, use and enjoy telephone and electric light wires and poles in and over a strip of land ten feet wide extending from the Easterly line of Lot Is! as shown upon plan of property belonging to Mrs. John Markoe and Geo. B. Dorr, recorded October 30, 1908 in plan book 3 page 27 of the Hancock County, Maine, Registry of Deeds, to the center line of said above mentioned private road, said strip being bounded Southerly by the Northern lino of the tract of land conveyed by said Matilda C. Markoe to Virginia Newbold by deed dated October 1, 1904,and recorded in said Registry of Deeds in Book 412, Page 294, being a strip of land ten tent in width from and adjoining the Southorn line of Lot D 88 shown upon said plan recorded as aforesaid. The location of said poles and wires, within said strip, shall be determined by said George B. Dorr his Heirs and Assigns. Provided how ever that the same shall 462-251 2- be so located to afford at all times practical and efficient service. This conveyance is made by virture of my ownership of the fee of said strip of land and is subject to the life estate of said Matilda C. Markoe created by deed from me to her dated October 12, 1907 and recorded in said Registry in Book 454, Page 535. This conveyance is also made sub- ject to all existing rights and easements in, through and over said above mentioned private road and to the right of the Grantor his Heirs and Assigns to use and enjoy the same. RESTRICTIONS UPON OTHER LAND For the benefit of the locus On pages 117 to 121 are deeds from Mrs. Markoe to Harrison and Scott conveying land near the locus and imposing restrictions thereon. The land conveyed is marked by the sketch ad Lot 2. Vol. 462, Page 258. Warranty Deed. Dateú Sept. 1, 1909. Recorded Sept. 4, 1909. Natilda C. Markoe - to - Rrancis Burton Harrison and Henry T. Scott, as Trustees. By this deed one undivided half part of the two lots lying to the east of the locus is conveyed with the follow- ing appurtenent rights. Together with and us appurtenant to the land above described and all parts thereof, all rights of W&T and other rights, privileges and essements (in common with myself, my heire and assigns, owners or tenants of the lot of land lying West of the land herein described, and also in common with all persons lawfully entitled to similar rights in, over and through the same ways, rights, privileges and easements) described in the following deeds, to wit:- Indenture between Lucy Ellis and myself dated May 28, 1883, and recorded June 11, 1884 in the Hancock County, Maine, Registry of Deeds, in Volume 189, Page 179: Dead from Charles H. ,Dorr to myself dated March 31, 1890 and recorded in said Registry Sent. 10, 1890 in Vol. 247, Page 145, and Indenture between George B. Dorr, the Mount Desert, Nurseries and myself dated October 12, I.D. 1907 sad re- corded October 30, 1908 in Book 454 Page 537 of said 462-258 2- Registry, subject however to the conditions and reutric- tions therein set forth, and 4230 I do hereby convey to said Francis Burton Harrison and Henry in. Scott, Trustees as aforesaid, the same WELVE reserved by 188 in the deed from myself to Mary Fiske Stoughton, datad September 18, 1885 and 10- corded November 18, 1885 in Vol. 203. Dake 169 of asid Registry. Mesning and intending to grant and convey and I do hereby grant and convey to said Francis Burton Har- rison and Henry I. Scott, Trustees as nforesaid, their Successors, Heirs and Assigns all rights of way and all other rights and susements appurtenant to said above described land and all parts thereof. Together with and SS appurtenant as sforesoid the right and easement to construct, maintain, repair. renew, use and enjoy telephone and electric light wires and poles in and over ,11 strip of land ten feet wide extending from the Schooner Hand Road to the center of said private road leading? from the sols Cliff Drive to said Schooner Head Road, said strip being bounded southerly by the northern line of the tract 0 $ land conveyed by said Matilda i. Markos to Virginia Newbold by deed dated October I, 1904, and recorded in the Registry of Deeds for said Hencock County in Book 412, Page 249. Subject however to all 462-258 3- existing rights and ease in. through and over said last mentioned private road, and also subject to the rights of the Grantor and of George B. Durr, his Heirs or Assigns to use and enjoy the same. The fee of the said strip of land is owned innpart by the Grantor and in part by the said George B. Derr (subject to the Grant- ors life estate therein) and the right and easement granted therein in and over land of said Dorr are so granted subject to all conditiona and provisions set forth in his deed to the grantor bear ins even date herewith. The lot or marcel of land hereinabove described 88 convoyed marked "Second" is code expressly subject to the following restriction, not condition subsequent, to wit:- that 110 building or other structure shall be erected thoreon. This restriction shall run with the land and be binding unon the Grentees and all future owners and tenants thereof. The lot or narcel of land hereinabove described as conveyed marked "First Lot" is made expressly subject to all public rights in the shore between high and low water mark and to all existing rights and eassements in and to the private road situated and lying unon and along the western boundary thereof. 462-258 4- NOTE: The lot above referred to marke (i" Second" is shown on the plan profixed hereto as Lot No. 2. Vol. 488, Page 255. Warranty Deed. Dated Sept. 1, 1909. Recorded Sent. 4, 1909. Hatilda C. Markoe - to - Francis Burton Harrison By this deed the other undivided half of the lot referred to on the proceeding pages tog-ther with the same appurtenant rights are conveyed. By the instrument set forth on pages 51 to 58 Matilda C. Markoe conveyed to George B. Dorr a lot of land on both sides of the Dorr Road, imposing restric- tions,for the benefit of the locus and other land,upon a strip of land fifty feet wide next north of tho Dorr Roud and extending from the Dorr land easterly to the western line of Lot D. produced (plan recorded in Han- cock County Registry of Deeds, Plan Book 3, Page 271. By the instrument set forth on pages 36 to 40 George 3. Dorr, imposed for the benefit of certain lands including the locus, restrictions similar to those referred to on the preceeding page. MOR TGAGES AID DISCHARGES. By the instrument set forth on pages 36 to 40 George B. Dorr, imposed for the benefit of certain lands including the locus, restrictions similar to those referred to on the preceeding page. MOR TGAGES AND DISCHARGES. Vol. 2, Page 557. Mortgage Deed. Dower not released. Dated Sept. 2. 1794. Recorded Sept. 8, 1794. Henry Higgins and Stephen diggins -to- Semuel Jackson. This is E mortgage of Iot No. . F given to secure the sum of 105 pounds. Samuel Jackson discharges the above mortgage to denry Higgins and Stephen Higgins by quitclaim deed dated June 16, 1800 and recorded May 7, 1805 in Vol. 15, Page 191. The register recites that the above discharge Was taken from back of the original mortgage deed, recorded Lib. 2, Fol. 280. Vol. 2, page 280 has been renumbered, now being Vol. 2, Page 557. 107 Vol. 80, Page 348. Mortgage Deed. Dower released. Dated October 20, 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Deen Riggins & Eunice his wife. Deed recited that consideration was paid by Dear Higgins. Consideration of $1,000. This is a mortgage of the same land described in the deed from Stephen Higgins et als to Deen Higgins, recorded in Vol. 42, Page 311. (Lot No. F). # After the covenants the following appears: PROVIDED NEVERTHELESS That if the said Cherles Bunker his heirs, executors 0.2 administrators, shall well &c truly provide suitable maintenance for the said Daen Higgins and Eunice Higgins his wife, during their natural lives and more na ticularly according to a certain bond given this day by the said Charles Bunker to the said Deen Higgins & wife, then this deed shall be void; otherwise shall remain in full force & virtue. 108 Vol. 81, Page 130. Bond. Dated October 20. 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Doen Higgins and Eurica Higgins his wife and the survivor of them. This is & bond for $1,000. The condition of the above obligation is such that whereas it has been agreed between me the said Bunker and said Higgins and his sail wife it would be suitable to provide for their future comfort by having some person engered to take that charge upon himself and whereas said Higgins has according thereto proposed to giva me & deed in fee with warrenty of =11 the real estate he owns, being his farm land whereon he now lives in said Eden, on con- dition that I will give to him and his wife a bond as above with condition for their maintenance during their lives, together with g deed in fee with-warrenty and of mortgage conditioned to be void on fulfillment of the conditions of this bond, to all which I have agreed and in fulfiliment of which agreement this bond is now made. Now therefore the condition of the aforescid bond is such that if I the said Charles Bunker, my heirs, executors, administrators, or assigns shall and do during the natural lives of the seil Deen Riggins and Eunice his wife and of the survivor of them well and faithfully provide for them at my table or at one of their own as 109 81-130 -2 they shall choose, all such necessary food and drink as is suited to their and my rank and condition in life and all necessary caiment suited to rank and conditions as aforessid, with all such things in sickness and health ES may reasonably be understood to be included in the term maintenance, having regard to their comfort as far as that can be reasonably expected in the house wherein I live or may live on the said land (unless it should be thought best to remove) . Then the aforesaid obligation to be null and void, otherwise to remain in full force & virtue. 110 SUMMARY. INCUMBRANCE . INCUMBRANCES. 1. So much of the private ways, Old Post Road and the Dorr Road, and the Public way, the Schooner Head Road (one half of their width) as lies upon the locue is sub- joct to rights of way in others. 2. Lot D. is subject to certain restrictions im- nosed for the benefit of Iot C. land lying north of the Dorr Road, 800 page 61. 3. 4 strip of land along the southern boundary "is subject to a way. for electric line, see pagell4. 4. Ambrose Higgins and his wife gave a mortgage to secure a bond for their maintenance. The conditions ware undoubtedly broken. Ambrose Higgins died prior to 1843 and while his heirs might have performed the condi- tions, they apparently did not. as Dean Higgins in 1846 conveyed the property to Charles Bunker, and received back & mortgage securing & bond for the maintenance of hinself and wife. I have been unable to determine de- finitely whether the conditions of this bond were ful- filled. It is mynopinion, however, that they were sat- isfactorily performed. 5. There are certain restrictions in reference to the use of the Durr Road, see page 109. 6.All the appurtenant ways are to be used in common with others having rights. DOWER. In & few of the very early deeds dower was not released, I believe, however, that the land in quec-- tion was then what is termed "wild land" and as such was not subject to dower. In all other cases the dower is either re- leased where necessary, or the deed was given 80 long ago that dower rights are now practically impossible. I find no mortgages, attachments, judgements, liens or other incumbrances affecting the property except as above described and summarized as follows: 1. Rights in the Old Post Road, the Dorr Road and the Schooner Head Road, the center line forming the western, northern and eastern boundaries. 2. Rights in common and restrictions unon certain ways. 3. Restrictions imposed upon Lot D. for the benefit of Lot C. page 61. 4. Way for Electric Line. 5. old mortgage, page 126. In my opinion George 3. Dorr and The Hancock County Trustees of Public Reservations have clear and un- incumbered title to the property under discussion, with the exceptions set forth in the brief. January 29, 1921. } HEVE OI NOISNHIKE 20 8 VITI 13 V a ABSTRACT OF TITLE To a tract of land in the Town of Bar Harbor, Hancock County, Maine, lying easterly of the Schooner Head Road and shown on the accompanying sketch as lots D. E. and F. Said sketch not being drawn to scale but designed as illustrative merely. N Dorr formerly Ellis Door townerly Ellis Frenchmans Bay. Formerly Markoe Strughter Let for Formerly Markoe Now Leeds LtD Lot E formerly Markoe Now Newbold Bear break EARLY HISTORY V EARLY HISTORY Mount Desert Island was formerly 8. nart of the French Province of Acadia. In 1688 Louis X1V, King of France, granted to M. De La Motte Cadillac, one league of land on each side of the river Donaquec (now Jordans River) to- gether with "Mount Desert Island and other islands on the fore part of said two leagues." So far as we know M. Cadillac did not take possession of the property and by the Treaty of Utrecht, which was concluded between Great Britain and France, Mount Desert became & part of the District of Maine an appendage of the British province of Massachusetts. In the year 1762 the General Court of Massachusetts granted the Island of Mount Desert to Francis Barnard, Governor of Massac husetts. But Barnard was a British sympathizer, and going back to England just before the Revolution, his estates were soon after the war confiscat- ed by the State. In 1785 John Barnard, son and devisee of Franc it's Barn- ard, made application to have his father's confiscated estates restored to him, and producing evidence that he had been a patriot notwithstanding his father's Toryism the General Court granted to him in 1785) an undivided moiety of the Island. About this time Maria Theresa Do - Gregoire, grand-daughter and heir of M. Cadillac appeared and petitioned to have the grant of the French King to her ancestor confirmed to her. The General Court considered her application favorably and while protesting that Madam DeGregoire had no legal right to the estate, and providing that the act should not be drawn into a precedent, in 1787 by Resolve granted to Madam DeGregoire and her husband Bartholemy DeGregoire "All such parts and parcels of the Island of Mt. Desert and other islands and tractsof land particularly described in the grant or patent of his late Most Christian Majesty Louis XIV to said Mongieur De La Motte Cadillac, which now remains the property of the Commonweälth whether by original right, cessation, confis- cation or forfeiture," conditioned however that the Do- Gregoires should become naturalized. Their naturalization was effected immediately after. The grants to Cadillac and to the Barnards do not appear of record in this County, The former is recorded in Quebec, the latter in the Secretary of State's office in Massachusetts. The grant to the DeGregoires and the naturalization proceedings appear of record in the Hancock County Maine Registry of Deeds, in Vol. 1, Page 426, and Vol. 2, Page 199. Except where otherwise specified, the records herein referred to are those of the Hancock County, Maine, Registry of Deeds. PARTITION OF THE ISLAND. In the year 1788 Madam DeGregoire and her husband petitioned to the Supreme Judicial Court in Massachusetts to have the property partitioned and their moiety set off to them to hold in severalty. An attorney appeared for John Barnard and consented to the proceedings and Stephen Jones, Hathan Jones and Thomas Richardson were appointed Commissioners to make the parti- tion. Their report was confirmed in 1794 and is found of record in Vol. 2, Page 487 and reads as follows: "We, Stephen Jones, Nathan Jones and Thomas Richardson pursuant to the foregoing warrant to us directed, have set off to Bartholemy DeGregoire and Maria Theresa DeGregoire, his wife, their moiety of the Island of Mount Desert which is bounded as follows, viz: Beginning above Mr. James Richardson's at a stake and stones at the head of the tide at the Northern extremity of Mount Desert Sound and from thence running North thirty-eight degrees West to a stake and stones upon the edge of the bank of high water mark upon the Northern side of said Island; thence Easterly along by highwater mark down to and around the East end of said Island; thence Westerly by the shore to said Mount Desert Sound : then Northerly by the shore up said Sound to the first mentioned bound, and that the whole of that nart of said Island to the Westward of said Sound and of said North- erly line from the head of said Sound to the Northerly shore to be the moiety or share of John Barnard, Esq. 11 Bartholemy and Maria Theresa DeGregoire thus acquired title to all that part of Mount Desert Island lying east of Somes Sound, including the nr perty in question. LOT F. The following is the chain of title to Lot F. referred to on the title page from the owner- ship of Bartholemy and Maria Theresa DeGregoire to the ownership of Matilda C. Markoe. This parcel comes out of a lot, marked on the plan of the Island of Mount Desert, " John Cousins" although there is, of record, no deed to him of the property. I do not know what his relation was to the property, he may have been a squatter upon it or it may have been bonded to him. The fact that it is so marked upon the plan has no special importance. It was divided into two parts, the eastern part was known as the Zacheus Higgins lot and the western part as the Dean Higgins lot. While the locus seems to come out of the Zacheus Higgins lot, some part of it may extend into the Dean Higgins lot. I am therefore setting forth the detailed history of both lots. 1 Vol. 2, Page 558. Warranty Deed. Dower released. Dated March 28, 1792. Recorded Sept. 1, 1794. Bartholomy DeGregoire & Maria Theresa DeGregoire nee de Caddillace -to- Henry Higgins. A certain tract or parcel of land containing one hundred acres situated lying and being on Mount Desert Island in the County of Hancock & Commonwealth of Massachusetts & bounded as follows viz: beginning at a stake and stones, the bounds between Stephen Higgins and Henry Higgins, first running north sixty five degrees west five rods to a pine tree, then south 15 degrees west 347 rods to an oak stake, then south seventy five degrees East 60 rods to a cedar stump, then North 15 degrees East to the Shore - then fol- lowing the shore to the first mentioned bounds - Together with all the Estate, Lght,title, Interest, use, property claim and demand whatsoever of us the said Bartholomy & Maria Theresa which we now have or at any time heretofore had of in, and to the aforementioned premises, with the appur- tenances, or any part thereof, or which at any time hereto- fore has been held, used, occupied, or enjoyed as part or parcel of the same. 2 HEIRS OF HENRY HIGGINS. I learn from Eben Hamor's History of the Town of Eden, now Town of Bar Harbor, that Henry Higgins died March 24, 1794, leaving two children Stephen and Mary, and a widow Anna, who married Roger Googins. The following is an extract from said History:- Israel and Mary Snow Higgins See Book 1, p. 116. Their children were: 1. Henry, born Nov. 27, 1769 at Eastham mar. Ann Googins and settled in Trenton (now Lamoine) He died M&r. 24, 1794. Their children were: 1. Stephen settled in Trenton (now Lamoine) see p. 159. 2. Mary married Eaton settled in Trenton (now Lamoine) Henry Higgins' widow mar. Roger Googins of Trenton (now Lamoine) 3 ZACHEUS HIGGINS LOT. The heirs of Henry Higgins, the grantee in the preceding deed, conveyed the western half of the "Cousins" lot to Dean Higgins, see page 19. No deed, however, is found of record of the eastern half. David Stanwood who apparently claimed title to it died without conveying. All of his heirs conveyed except Thomas born in 1793 and Humphry born in 1809. I have been unable to learn about them. They may have pre-deceased their brothers and sisters. So far as I can learn no one has claimed any interest under them. And at this late date I feel no claim could be success- fully made. 4 DAVID STANWOOD AND HIS FAMILY David Stanwood son of Jacob and Martha Bradstreet Stanwood was born Aug. 22, 1772, married Eunice, daughter of Thomas and Eunice Wasgatt. She was born at Mt. Desert Feb. 2. 1777, settled at Bar Harbor. He died August 6,1818. Their children were:- Thomas born Feb. 7, 1793 Selly 11 May 6, 1796 married 1st Richard s on of Samuel and Lydia Higgins Hadley, settled at Town Hill married 2nd Dea. John Dodge of Blue Hill, where she died. Job born Oct. 17, 1798 died Sept. 13, 1818. Deborah born June 20, 1801 married see p. 154 Roxalana " April 3, 1804 Eunice TP May 2, 1807 Humphry " Aug. 31, 1809 William W. TT June 1, 1812 Martha " Aug. 10, 1815 married Zacheus son of Abijah and Nancy Buckley Higgins settled at Cromwells Harbor. She was deaf and dumb. NOTE:- The above was taken from Eben Hamor's History of Eden. 5 Vol. 67, Page 178. Quitclaim Deed. Dower not released, Dated Aug. 30, 1834. Recorded June 27, 1838. William Stanwood -to- Denn Higgins. All my right title & interest in & unto a certain tract or lot of land being & lying in Eden aforesaid it being known as the lot of land former- ly owned by David Stanwood of said Eden deceased and now in common with the other heirs of said deceased, containing fifty acres more or less. NOTE:- Apparently by some oral arrangement Dean Higgins accepted in place of the above the eight and a half rod strip which he conveyed to Charles Bunker (see page 24). 6 Vol. 127, Page 143. Quitclaim Deed. Dower not released. Dated Dec. 26, 1846. Recorded Sept. 3, 1866. Eunice Higgins, John Dodge, Sally R. Dodge, Isaac Collier and Roxalana Collier. -to- Martha Higgins. In Eden: Beginning at a stake and stone the bounds be- tween Stephen Higgins & Henry Higgins first running North 650 West 5 rods to a pine tree; then South 15° West 347 rods to an oak stake then South 750 East 60 rods to a Cedar stump then North 15° East to the Shore then following the shore to the first mention- ed bounds, containing Iorty five acres more or less. Reference to be had to former deeds of said lot. NOTE: George Foster and Eunice Foster appear in the body of the deed, but they do not sign. Eunice Foster, however, released her interest by separate deed, see page 15. The interest of her husband George being only a dower right, pro- vided he survived his wire, lapsed upon his death. 7 Vol. 127, , Page 144. Quitclaim Deed. Dower released. Dated Nov. 16, 1855. Recorded Sept. 3, 1866. Daniel Rodick and Deborah Rodick -to- Martha Higgins. All our right, title & interest in and unto a certain tract or lot of land being and lying in Eden aforesaid it being known as the lot of land formerly owned by David Stanwood of said Eden (now deceased) and now in common with the other heirs of said deceased, con- taining fifty acres more or less. 8 Vol. 114, Page 108. Quitclaim Deed. Dower not released. Dated July 15, 1861. Recorded July 23, 1861. Martha Higgins, wife -to- Town of Eden. of Zacheus Higgins 2nd Four-fifths of a certain lot of land lying in said Eden, and bounded ES follows - Beginning at a Stake and Stone at the Shore, running South 15 degrees West following Mr. Conners line three hun- dred and forty-seven rods, thence south Seventy five degrees East twenty Six rods, thence North fifteen degrees East to E Stake & Stone, at the Shore, thence following the Shore to the first mentioned bound, containing forty six acres, more or less - being a lot of land a part of which was deeded to the aforesaid Martha Higgins by the heirs of David Stanwood of Eden. 9 Vol. 127, Page 145. Quitclaim Deed Dated Oct. 14, 1865. Recorded Sept. 3, 1866. Benjamin H Higgins, John McFarland and Martha Higgins, wife of Henry Knowles, Select- to Zacheus Higgins, 2nd. men of the Town of Eden. Four fifths of a certain undivided lot of land, lying in said Eden and bounded as follows :- Beginning at a stake and stones at the shore running South 15° West following Wm. Conners line 347 rods; thence South 75° East 26 rods; thence North 15° East to a stake and stones at the shore; thence following the shore to the first mentioned bounds, containing 46 acres more or less in the whole lot, and is that which was deeded to the town of Eden, by the said Martha Higgins July 15, 1861. NOTE: It does not appear that the Selectmen, who executed this deed, were authorized to do so by vote of the town; To cure this defect a new deed was obtained, see page 34. 10 Vol. 131, Page 315. Warranty Deed. Dower not released. Dated August 25, 1868. Recorded Sept. 4, 1868. Eunice R. Foster -to- Henry H. Clark. A certain undivided one fifth part of a tract of land lying in the town of Eden at Bar Harbor in said Town and known as the Zacheus Hig- gins place, and is the same lot that Martha Higgins conveyed four fifths of to the said H. H. Clark, by her deed dated January eighteenth 1866 and recorded in Hancock Registry of Deeds. 11 Vol. 127, Page 146. Quitclaim Deed. Dower released. Dated Jan. 18, 1866. Recorded Sept. 3, 1866. Martha Higgins and Zacheus Higgins -to- Henry H. Clark Four fifths of a certain undivided lot of land lying in said Eden and bounded as follows, Be- ginning at a stake and stone at the shore running South 15 o West following Mr. Conners line 347 rods, thence South 750 West 25 rods, thence North 15 ° East to a stake and thence at the shore thence following the shore to the first mentioned bounds, containing in the whole lot 46 acres more or less and is the same lot deeded to the town of Eden by me the said Martha Higgins July 15, 1861. NOTE: The deed recites as being from Marthe Higgins in her own right and Zaccheus Higgins 2nd in right of his wife Martha. 12 Vol. 131, Page 314. Warranty Deed. Dower released. Dated Sept. 1, 1868. Recorded Sept. 4, 1868. Henry H. Clark -to- Charles H. Dorr and Thornton K. Lothrop In Eden: A lot of land lying in the neighborhood of Bar Harbor and known as the Zacheus Higgins lot and bounded as follows, Beginning at a Stake and Stone at the Shore, running South 15 degrees West following the Conners line three hundred and forty seven rods, thence South seventy five degrees East twenty five rods, thence North fif- teen degrees East to a Stake and thence to the shore, then following the shore to the first mentioned bounds, containing forty six acres more or less, said lot is to be twenty five rods wide and no more measuring South Easterly from Conner's line square across the lot, the Stake and Stones at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above boundaries include the Southern side and landing of the Cove. 13 Vol. 153, Page 268. Quitclaim Deed. Dower released. Dated July 19, 1875. Recorded Nov. 12, 1875. Thornton K. Lothrop -to- Charles H. Dorr. half One undivided/part # all that lot of land in Eden in the County of Hancock and State of Maine in the neighborhood of Bar Harbor and known as the Zacheus Higgins lot bounded as follows Beginning at a stake and stones at the shore running south 15 degrees west following the Conners line three hundred and forty seven rods; thence South seventy five degrees East twenty five rods, thence North fifteen degrees East to a stake and thence to the Shore then following the Shore to the first mentioned bounds containing forty six acres more or less, said lot is to be twenty-five rods wide and no more measuring South Easterly from Conners line square across the lot; the Stake and Stones at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above boundaries include the southern side and landing of the Cove or however otherwise the premises may be bounded measured or described. Being the same premises conveyed to me by Henry H. Clark by deed dated Sept. 1, 1868 & recorded with Hancock Deeds Vol. 131 page 314 with all the rights and easements thereto belonging. 14 DEAN HIGGINS LOT Vol. 42, Page 311. Warranty Deed. Dower not released. Dated March 11, 1822. Recorded March 19, 1822. Stephen Higgins, Anna Googins and Mary Eaton -to- Dean Higgins. In Eden: Beginning at the shore at a stake and stone former- ly the bounds between Stephen Higgins and Henry Higgins first running North sixty five degrees West five rods to a pine tree thence South fifteen degrees West three hundred and forty seven rods to an oak stake thence South seventy five degrees East thirty rods formerly to Devid Stanwood Western line thence following said Stanwood line to the shore thence following the shore to the first mentioned bounds containing fifty acres be there more or less. NOTE: The grantors herein are the two children and widow of Henry Higgins, see page 7 . 15 Vol. 65, Page 445. Warranty Deed. Dower Released. Dated May 16, 1838 Recorded June 27, 1838. Dean Higgins -to- Ambrose Higgins. In Eden: Beginning at the shore at a stake and stone formerly the bounds between Stephen Higgins and Henry Higgins, first running north sixty five degrees West five rods to a pine tree; thence south fifteen degrees West, three hundred& forty seven rods to an oak stump; thence south seventy five degrees East, thirty rods formerly to David Stanwoods western line; thence following said Stanwood's line to the shore; thence following the shore to the first mentioned bounds, containing fifty acres more or less with the buildings thereon. Reference to former deeds of said lot. 16 Vol. 65, Page 446. Mortgage Deed. Dower not released. Dated May 16, 1838. Recorded June 27, 1838, Ambrose Higgins -to- Dean Higgins and Eunice Higgins, his wife. In Eden: Beginning at the shore at a stake & stone, former- ly the bounds between Stephen Higgins & Henry Higgins, first running north sixty five degrees west five rods to a pine tree; thence South fifteen degrees West three hundred and forty seven rods to an oak stump; thence South seventy five degrees East, thirty rods formerly to Devid Stanwoods western line; thence following said Stanwoods line to the shore; thence following the shore to the first mentioned bounds - Contains fifty acres more or less with the buildings thereon- Reference to former deeds of said lot. After habendum appears: PROVIDED NEVERTHELESS, that if the said Ambrose Higgins his heirs, executors, administrators or assigns shall & do during the natural lives of the said Dean Higgins & Eunice Higgins his wife, & the survivor of them provide for the maintenance of said Dean and Eunice according to their rank & condition in life, & more particularly according to a 17 Vol. 65, Page 446. 2- certain bond, being the one hereafter mentioned, and perform the same, then this Deed & also said certain bond bearing even date with these presents, given by the said Ambrose Higgins to provide maintenance aforesaid during the natural lives of the said Dean & Eunice shall be void, Otherwise shall remain in full force. NOTE: The bond referred to does not appear of record. The conditions were apparently not fulfilled for Dean Higgins afterward conveyed the same property to Charles Bunker for the purpose of securing "maintenance" for himself and his wife during the remainder of their lives. See pages 24, 125 and 126. 18 Vol. 81, Page 3. Quitclaim Deed. Dower not released. Dated July 8, 1843. Recorded Oct. 5, 1846. Phebe Higgins Widow of Ambrose Higgins -to- Dean Higgins. All my right, title & interest in and to a certain lot of land on which the said Deene Higgins now resides and the same lot as conveyed by my late husband by mortgage deed dated May 16th, A.D.1838 & recorded in Hancock Registry, Book 65, Page 446. Beginning at the Shore at a Stake and Stone, formerly the bounds between Stephen Higgins and Henry Higgins, first running North sixty five degrees West five rods to a Pine tree, thence South fifteen degrees West, three hundred and forty seven rods to an Oak Stump; thence South seventy five degrees East, thirty rods formerly to David Stanwood's westerly line; thence following said Stanwood's line to the Shore; thence following the Shore to the first mentioned bounds:- containing fifty acres more or less with the buildings thereon - Reference to former Deeds of said lot. 19 Vol. 80, Page 347, Warranty Deed. Dower released. Dated October 20, 1846. Recorded Dec. 31, 1846. Dean Higgins -to- Charles Bunker. A certain tract or parcel of land lying in Eden aforesaid, and bounded and described as follows in the original deed of said lot recorded in the Registry of Deeds, Book 42, Page 311, "Beginning at the shore at a stake & stone formerly the bounds between Stephen Higgins and Henry Higgins first running North sixty five degrees west five rods to a pine tree; thence South fifteen degrees West three hundred & forty seven rods to an oak stump; thence South seventy five degrees East thirty roas Iormer- ly to David Stanwoods western line; thence following said Stanwood's line to the shore; thence following the shore to the first mentioned bounds - containing fifty acres more or less, with the buildings thereon." Also another piece of land lying on the Eastern side of the above named lot, and adjoining the same, eight & a half rods in width extending from the shore to the head of the lots. NOTE: Apparently, by some oral arrangement Dean Higgins accepted for his interest in the Stanwood lot, acquired of William Stanwood, Page 10, the eight and a half roa strip above described. 20 Vol. 113, Page 125. Warranty Deed. Dower not released. Dated March 19, 1861. Recorded May 13, 1861. Lydia C. Bunker -to- John Conners. In Eden: Beginning at the Shore at a Stake and Stone thence North sixty five degrees west five rods to & pine tree thence So fifteen degrees West three hundred and forty rods to an Oak stump tnence South Seventy five deg East thirty rods to what was formerly David Stanwoods western line thence following said Stanwoods line to the Shore to the first mentioned bounds containing fifty acres more or less also another piece of lang lying on the Eastemside of the above named lot and adjoining the Same Eight and a half rods in wed th extending from the Shore to the head of the lots. NOTE: After the covenants appears the following: Except the lot 81/2018 rods wide adjoining the first mentioned lot against the heirs of David Stanwood. The 81/2018 rod strip is therefore excepted from the covenants of warranty. The deed purports to be from Lydia C Bunker, it is signed however Lydia C. Mills, the acknowledgment is "Lydia C. Bunker originally, now Lydia C. Mills." 21 Vol. 131, Page 263. Warranty Deed. Dower not released. Dated July 7, 1868. Recorded Aug. 10, 1868. Lydia C. Mills. -to- John Conners. In Eden: Beginning at the Shore at a Popple stone beach on the North side of what is termed Dean Higgins Cove at a Stake and Stone thence running North sixty five degrees West five rods to Wm. Douglass land, Thence South fifteen degrees West by said Douglass land three hundred and forty rods to an Oak stump thence South seventy five degrees East thirty rods to what was for- merly called David Stanwood's Western line thence fol- lowing said Stanwood's line to the Shore to E Cedar Stake thence following the Shore in a Northerly direc- tion to the first mentioned bound Containing Fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot and ad- joining the same Eight End a half rods in width ex- tending from the Shore to the head of the Lot. NOTE: After the covenants appears the following: Except the lot of 81/200 rods wide adjoining the first mentioned lot in favor of the heirs of David Stanwood. The 81/200 rod strip is therefore excepted from the covenants of warranty. The deed purports to be from Lydia C. Bunker, it is signed however Lydia C. Mills, the acknowledgment is "Lydia C. Bunker originally, now Lydia C. Mills. 11 22 Vol. 131, Page 282. Warranty Deed. Dower released. Dated Aug. 13, 1868. Recorded Aug. 17, 1868. John Conners -to- Mary H. Mahan, wife of Dennis H. Mahan. In Eden: Beginning at a Stone at a Cobble Stone beach on the North side of what is termed Dean Higgins Cove at a Stake and Stone; thence running North 65 o West five rods to William Douglass' land thence South 15 ° West by said Douglass land three hundred and forty rods to an O&K stump; thence South 75° East thirty rods to what was for- merly called David Stanwood's Western line; thence fol- lowing said Stanwood's line to the Shore to a cedar Stake; thence following the Shore in a Northerly direction to the first mentioned bound containing fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot and adjoining the same eight and a half rods in width, extending from the shore to the head of the lot, with all the buildings on the above described premises being the same conveyed to me by deed of Lydia C. Mills, dated July 7th A. D. 1868, and re- corded in Hancock Registry Vol. 131, Page 263. 23 Vol. 143, Page 81, Warranty Deed. Dower not released. Dated June 15, 1872. Recorded June 24, 1872. M. H. Mahan widow of Dennis -to- Charles H. Dorr. H. Mahan In Eden: Beginning at a stone at a cobble stone beach on the North side of what is termed Dean Higgins Cove, at a stake and stone, thence running norty sixty five degrees (650) West five rods to William Douglass' land, thence South fifteen degrees (15°) West by. said Douglass' land three hundred and forty rods to an oak stump, thence South seventy five degrees (75°) East thirty rods to what was formerly called David Stanwood's Western line thence following said Stanwood's line to the shore to a cedar stake thence fol- lowing the shore in a Northerly direction to the first mentioned bound, containing Fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot and adjoining the same eight and a half rods in width extending from the shore to the head of the lot, with all the buildings on the above described premises. 24 Charles H. Dorr died prior to May 1893, and by his will dated July 11, 1891 and probated in Hancock County, Maine, at the May term 1893 and recorded in Vol. 85, Page 160 of the Probate records for said Hancock County, de- vised all his property to his wife Mary G. Dorr. The will is also recorded in the Registry of Deeds in Vol. 272, Page 15. 242 Will of Charles H. Dorr I, Charles Hazen Dorr of Boston Massachusetts do make and publish the following as and for my last will and testament hereby revoking all wills by me at any time here- tofore made, intending to dispose of all my property real personal and mixed wherever situate, and to exercise all powers of appointment which I may under any will settlement or otherwise possess. First. I direct all my just debts and all proper charges against my estate to be first paid. Second. I give to my wife Mary Gray Dorr surviving me all my property real personal or mixed including all that I have at my decease any interest in claim to or power over:- should she not survive me, then to my son George Bucknam Dorr should he survive his mother and myself. Should neither my wife or son survive me I give the same after payment of such legacies as I may hereafter by codicil bequeath to Iorm E charitable trust fund the income to be applied from time to time to such charitable purposes as my trustees may deem most for the benefit of the people of the New: England States and especially of Boston it being my wish that it should be used to stimulate and aid such movements as shall in the opinion of my trustees tena to make the general life of the people more vigorous 25 and healthful mentally morally or physically without being in their character specifically religious or political. It is also my wish that the saia income should not be used for the alleviation of already existing evils that have re- sulted from unwholesome conditions of life among the people as in the support of hospitals so called and similar insti- tutions but shall be rather used to aid in altering those conditions to others of a more healthful character. Nor do I wish either that this income should be spent in advancing the cause of a higher education by giving aid to universities and similar institutions but rather in the development of a sound and practical education for working men and women and in giving aid to any wisely conceived movements for widening their interests, developing their powers OI minu or body, cultivating their tastes enlarging their opportunities for wholesome pleasure and giving a healthful and invigorating environment to their lives. It is my intention by codicil to express my wishes more fully, but if I should not do so I believe that the above directions will suffice. Third. I appoint Charles P. Bowditch of Boston first Trustee of said Trust and request that by writing in his lifetime, if he see tit or by will, ne associate with himself or appoint such persons as he sees fit to con- stitute a perpetual Board of Trustees to carry on the 26 trust with power to fill vacancies and give to said Bowditch so long as he see fit to remain sole trustee and to the Board after he shall have once constituted it, or should it Tail to be constituted to such Trustees as the Court may appoint full power of management inclu- ding power to lease or let for long or short terms and for improvement or otherwise and with or without option of purchase, to change real to personal or vice versa to sel 1 real or personal estate at any time forming part of the fund at public or private sale and convey free of all trust and without liability to see to application of purchase money, and in general all the powers of an absolute owner, and I desire that no bonds or sureties or surety be required of any trustees hereunder and said trustees may delegate their power by power OI attorney for not over six months at a time and the acts of a majority shall be as valid as though joined in by all. Fourth. I appoint said Charles P. Bowditch sole executor of this will and request that no sureties or surety be required on his bond and I give to my said executor and to any anministrator of my estate with this will annexed full power to sell any real or personal estate I may leave at public or private sale or to dispose by gift of any part of it that he may see fit, at any time whatever after my decease 27 if deemed expedient for change of investment Or Dinerwise the proceeds if there are any to be assets of my estate and to convey accordingly free of all trusts End without liability on part of any purchaser to see to application of purchase money. Notwithstanding anything hereinbefore contained I give all my personal effects, apparel, furniture, orna- ments, works of art, books, plate, linen, supplies all articles of personal or household use or ornament live stock and the like to said Charles P. Bowditch free of all trust. In witness whereof I hereto set my hand and seal this eleventh day of July in the year eighteen hundred and nine- ty-one. Charles H. Dorr (Seal) Signed, sealed and published by said testator ES and for his last will and testament in our presence who in his presence and the presence of each other have at his request hereto set our hands ES witnesses. Francis V. Balch Charles S. Rackemann Felix Reckemann. 28 Vol. 325, Page 252 Quit-Claim Deed Dated May 27, 1898 Recorded June 10, 1898. Inhabitants of the Town of Eden to Mary G. Dorr Four-fifths undivided of a certain lot of land lying in said Eden, bounded as follows :- Beginning at a stake and stones at the shore; thence running South fifteen degrees West following land formerly of William Conners three hundred end forty-seven rods; thence South Seventy-five degrees East twenty-six rods; thence North fifteen degrees East to a Stake and stones at the shore; thence following the shore to the first mentioned bound, containing forty-six acres more or less in the whole. Being the same land described in a certain deed from the Municipal Officers of said Eden to Martha Higgins dated October 14th, 1865 and recorded September 3rd, 1866 in the Hancock County Maine Registry of Deeds, Vol. 127, Page 145. The intent of this deed being to ratify and confirm said former deed to the said Mary G. Dorr, who has acquired title to the same under said Martha Higgins. NOTE: This deed was executed by John E. Bunker, Jr. H. E. Wakefield and L. A. Austin, who were in the body of the deed recited to be the municipal officers of said town End authorized by a vote of said town, at a meeting held on the 26th day of May 1898. 29 Vol. 377, Page 167 Abstract of Will of Mary G. Dorr Dated May 28, 1902 Recorded May 28, 1902 Will dated Apr. 20, 1897 Will allowed May 6, 1902. First: If my son George Bucknam Dorr survive me, I devise and bequeath to him all my estate, real and personal and I appoint to him all property over which I may have any power of testamen tary appointment. 30 Vol. 454, Page 547. Warranty Deed dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B. Dorr -to- Matilda C. Markoe. In Bar Harbor. Beginning at the junction of the division line between land of the said Grantor and land of the said Grantee herein, with the northeastern side of the Schooner Head Road, so-called; thence North thirty two degrees and ten minutes West (N. 32° -10' W. ) but everywhere following said Schooner He ad Road seven hundred (700) feet, more or less to the junction of said Schooner Head Road with the private way established and the boundaries of which fully set forth in a certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Nurseries, a corporation, being also a party to said indenture); thence by the following three courses, but everywhere following the center line of said private way, to wit, first, South Seventy-three degrees East (s. 73° E. ) four hundred and twenty-one (421) feet; thence South eighty-two degrees and thirty minutes East (S. 82° -30' E.) sixty-three (63) feet; thence North eighty-nine degrees and thirty minutes East (N. 89 -30' E.) sixty-eight (68) feet to the division line between land owned by the Grantor and land owned by the Grentee herein; thence South twenty-one degrees and fifteen minutes West (S. 21 o -15' W.) but everywhere following said division line four hundred and sixty-five (465) feet 454-547 2- more or less to the place of beginning, containing three acres, more or less. Being a parcel of land marked "Lot . 11 upon a certain plan made by E. W. Hill, C.E., and entitled "Map of Property Belonging to Mrs. John Markoe and George B. Dorr, Bar Harbor, Hancock County, Maine, 1907," which plan is to be recorded herewith in the Hancock County,Maine, Registry of Deeds, Book of Plans. Two strips of land being parts and parcels of said Lot F are hereby conveyed expressly subject to the fol- lowing restrictions, not conditions subsequent, to wit: First:- That no building or other structure or any part thereof shall ever be erected or maintained there- on, or upon any part of the same. Second:- That no poles or wires for electrical or other service carried on or above ground and no water pipes or other pipes on or above the surface of the ground shall ever be laid or maintained thereon, or upon any part thereof. Third :- That no yards or enclosures, such as yards for animals or poultry, stable yards, laundry yards or yards for storage, shall ever be maintained upon any part thereof. Fourth:- That no manure or garbage heaps, garden or other refuse or any other obvious source of disfigurement or amoyance to either sight or smell, shall ever be deposited upon any part thereof. Vol. 454-547- 3- The object and purpose of the above restrictions is to preserve the beauty of the road sides End the pleasant- ness of the roads to those abutting on or using them. The strips of land hereby conveyed subject to the above restric- tions are described as follows:- 1st:- A strip of land fifty feet wide in every part bounded Northerly by the Southern side line of said private way; Easterly by Lot E., as shown upon said plan; Southerly by a line parallel with the Southern side OI said private way and everywhere fifty feet distant therefrom; and Westerly by said Schooner Head Road. 2nd:- A strip OI land fifty feet wide in every part bounded Southwesterly by the Northeastern side of said Schooner Head Road; Northwesterly by the strip of land next hereinabove described as restricted; Northeasterly by a line parallel with the Northeastern side OI said Schooner Head Road and everywhere fifty feet distant therefrom; and Southeasterly b., Lot E. as shown upon said plan. The Grantee herein, for herself and her Heirs by acceptance of this deed covenants and agrees with the Grantor herein, his Heirs end Assigns that no part of said strips of land fifty feet wide, next hereinabove described, shall ever be used IOr any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon the Grantee and all future 454-547 4- owners and tenants thereof in fevor of the Grantor, his Heirs and Assigns and all future owners and tenants of his estate known as "Old Farm" and all parts thereoI, and all future owners and tenants of the lots of land conveyed by the Grantee herein to the Grentor herein by aeed bearing even date herewith. But neither said Grantee herein nor her Heirs or any future owner or tenant of said restricted strips of land or any part thereof shall be personally liable for any violation OI said restrictions by her or their Grantees or Lessees. And I, the said George B. Dorr, for the consideration aforesaid do hereby impose similar restrictions upon two strips of land beingpart and parcel of my estate known as"Old Farm" said strips of land being bounded and described as follows:- First:- A strip 01 land bounded Northeasterly by the Southweatern side of said Schooner Head Road; Southerly by land OI the Grantee herein; Southwesterly by a line parallel with the Southwestern side of said Schooner Head Road and everywhere fifty feet distant therefrom; Northerly by a line parallel to the Southern boundary line above described, so drawn that a production thereof will intersect the Northeastern side line 01 the Schooner dead Road at a point fifty (50) feet Southerly from the junction of said Northeastern side line with the Southern line of said private way. Second:- A strip of land bounded Southerly by the Northern \side of said private way; Easterly by the Western line 454-547 5- of Lot C. as shown upon said plan; Northerly by line parallel with the Northern line of said private way and everywhere fifty feet distant therefrom; and Westerly by said Schooner Head Road. And the said Grantor herein, for himself and his Heirs, hereby covenants and agrees with the said Grantee herein, her Heirs and Assigns, that no part of said strips of land fifty feet wide next hereinabove described shall ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon said Grantor and all future owners and tenants thereof, in favor OI said Grantee, her Heirs and Assigns and all future owners and tenants of the lot OI land herein described as conveyed, and all future owners and tenants of land of said Grantee lying Southerly and Easterly of said "Old Farm" or any part thereof. But, neither the said Grantor herein nor his Heirs, nor any future owner of said strips of land or any part there- of shall be personally liable for any violation of said restrictions by his or their Grantees or Lessees. Said ways and restrictions are expressly excepted from the operation of the covenants hereinafter contained. LOTS D. AND E. The following is the chain of title to Lots D. and E. referred to on the title page from the ownership of Bartholemy and Maria Theresa DeGregoire to the ownership of Matilda C. Markoe. Bartholomey and Maria Theresa DeGregoire gave to Henry Jackson a warranty deed, being one undivided moiety of Mount Desert Island. The deed was dated August 4, 1792, and recorded in Volume 1, Page 518. The island was per- titioned by commissioners appointed by the Supreme Judicial Court in Massachusetts whose report was confirmed in 1794 and is found in Volune 2, Page 487. This par- tition gave the DeGregoires the eastern half of the island which included the focus. Henry Jackson conveyed the same property to William Bingham of Philadelphia, by warranty deed, dated July 9, 1796, and recorded in Volume 4, Page 74. William Bingnam by his will, dated January 30, 1804, and proved in this county February 27, 1810, and recorded in the Probate Records Volume 5, Page 365, devised all his American property to five trustees, in trust, two-fifths for his son and three-fifths for his two daughters. By the terms of his will, the trust terminated prior to 1850 and the property became vested absolutely in the son and the heirs of the daughters in the proportions above stated. For the more convenient management of the estate, the property was again put in the hands of trustees, Joseph Reed Ingersoll, then United States Minister to Great Britain, and John Craig Miller of Philadelphia, being selected as trustees. The trust under which these trustees claimed title WES created by the following conveyances: deed dated December 17, 1851 and recorded in Book 98, Page 144; deed dated June 21, 1849 and recorded in Book 166, Page 302; deed dated July 18, 1853 and recorded in Volume 98, Page 150; will dated June 11, 1855 and recorded in the Probate Records Volume 52, Page 156; deed dated April 11, 1861, and recorded in Volume 143, Page 343; deed dated August 12, 1862 and recorded in Volume 143, Page 346. The said trustees were given the fullest powers to sell and convey and make and execute deeds of any or all of the property and their grantees are absolved from all responsi- bility as to the application of the proceeds. It was further provided that the surviving trustee shall have power to fill any vacancy caused by death, or otherwise. There is another clause in these trust deeds providing that the cestuis que trust may revoke or annul the trust at any time by an instrument in writing executed in the manner described in the trust deed. The court of last resort in this state has decided that the Bingham trust is not violative of the rule against per - petuities and that the titles derived under it are clear so far as this objection is concerned; see Pulitzer vs. Living- ston, 89 Maine Report Page 359. In 1867 Mr. John Craig Miller having deceased, William Bingham Clymer was appointed to fill the vacancy and conveyences were made and executed vesting the property in Messrs, Ingersoll and Clymer. See deeds dated December 4, 1867, and December 12, 1867, and recorded August 26, 1868 and June 30, 1894, in Vol. 132, Pages 49 & 52, and Vol. 282, Pages 28 & 35. In 1868 Joseph Reed Ingersoll having deceased, Charles Willing was appointed trustee to fill the vacancy and conveyances were executed vesting the property in Messrs. Clymer and Willing as trustees. See deeds dated April 22, 1868, and recorded August 28, 1868, in Vol. 132, Pages 56, 60, 64 and 69. In 1873 William Bingham Clymer having deceased, Chapmen Biddle was appointed to fill the vacancy, and conveyances were made and executed vesting the title in Messrs. Willing and Biddle as trustees. See deeds dated August 11th, 1873, and recorded Aug. 25th, and 27th, 1879, in Vol. 167, Pages 18, 25,39 & 46. CHAIN OF TITLE. The deeds in this group bring the title to the fee of the land, not including easements and rights, from the Trustees of the Bingham Estate down to Matilda C. Markoe. Mrs. Markoe's title to the easements and rights is set forth in later pages. It appears from this group of deeds that the Trust- ees of the Bingham Estate in 1880 (page 4 46) c onveyed to Matilda C. Markoe a tract containing more than eighty- seven acres which includes Lots D and E, and also the Newbold Lot on the south of it, the Chase Lot on the north of it and the Leeds Lot on the east. In 1881 this land seems to have been sold for tax- es ( page 48). but in 1883 a conveyances was made to Mrs. Markoe bringing the tax title back to her ( page 49). Vol. 174, Page 100. Quitclaim deed. Dated May 4, 1880. Recorded May 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder deceased -to- Matilda C. Markoe. Beginning near the mouth of Bear Brook at a point on the sea between Bar Harbor and Schooner Head at an iron bolt in the ledge at low water mark and running thence South fifty-six and three-fourths degrees West across the beach to a stake on the top of the beach, which stake bears South thirty-five and a half degrees East from a spruce tree on the top of the beach and is distant two rods and sixteen links from said spruce tree (these courses and all the courses here- in given or described being from the magnetic meridian): thence from said stake North seventy-nine degrees West to the centre line of said Bear Brook; thence in a general Wester- ly direction for one hundred and fifteen rods and thirteen links from the said stake on the top of said beach up the middle of said Bear Brook where there is only one channel of said Brook, but where there are more than two channels of said Brook up and through the middle line of the middle channel of said Brook, and where there are only two channels OI said Brook, then through the middle of the Island formed by the said two channels to a stake in the centre of a small Island on the East line of land of Charles H. Dorr; 174-100 2- thence on said East line of said land of saia Dorr, North nineteen degrees East one hundred and twelve rods to a stake and stones on the South line of land of Lucy Ellis; thence on said South line of said land of said Lucy Ellis North eighty-five degrees East, eighty-nine rods and six- teen links to the sea; thence by the sea in a general Southerly direction one hundred and fifty-one rods and twenty-two links to the said iron bolt at low water mark at the place of beginning, and containing eighty-seven (87) acres and one hundred and fourteen and three-tenths square rods, and being always hereinafter meant and intended by the words "said parcel of land" wherever salu words are herein used, be saiu measurements or said contents more of less. Vol. 190, Page 115. Tax deed. Dated Dec. 22, 1881. Recorded Oct. 4, 1883. Eben M. Hamor -to- George S. Hale. This lot was assessed in the sum of thirty- two dollars and no cents, to C. Willing and C. Biddle, Trustees of Markoe lot as a non-resident owner of real estate. A certain parcel of real estate in said town described as follows, to wit:- Situated at Bear Brook between Cromwells Harbor and Schooner Head in said Town of Eden and contains eighty-eight acres. Vol. 190, Page 227, Dower released. Dated Oct. 16, 1883. Recorded Oct. 23, 1883. Geo. S. Hale -to- Matilda Markoe. A certain lot or parcel of land situated in the Town of Eden, County OI Hancock and State of Maine, and being the same premises described in a certain deed dated December 22, 1881, and recorded in the Registry of Deeds for said County of Hancock in Vol. 190, Folio 115 to which deed and said record thereof reference is hereby expressly made for a more particular descrip- tion of the premises herein conveyed. Lots D. E. and F from the ownership of Matilda C. Markoe to the present time. The title of Matilda C. Markoe passed to George 3. Dorr and the Hancock County Trustees of Public Reservations by the following group of deeds. Mrs. Markoe in 1907 conveyed Lot D. sub- ject to certain restrictions, to Mr. Dorr, see pages 51 to 58 who, the same day reconveyed the property to Mrs. Markoe for her life, see pages 59 to 62. In 1920 Mrs. Markoe conveyed Lots E. and F. and all her interest in D. to the Hancock County Trustees of Public Reservations, see pages 63 to 64. Vol. 454, Page 543. Warranty Deed. Dated Oct. 12, 1907. Recorded Oct. 30, 1908. Matilda C. Markoe -to- George B. Dorr. Two certain lots or parcels of land situated at Bar Harbor, Town of Eden, aforesaid, bounded and described as follows: to wit:- First Lot:- Beginning at a stone post set in the ground in the Western line of a certain private way known as the Old Right of Way Road, in the Northern line of land of Newbold; thence South sixty-five degrees and thirty minutes West (S. 65° -30' W. ) but everywhere following said Northern line of land of Newbold, two hundred and eleven (211) feet, more or less to an iron bolt set in a ledge; thence North twenty-five degrees West (N. 25 W. ) passing through two iron bolts set in ledges, seven hundred (700) feet to a stone post set in the ground in the Southern line of a private way established and the boundaries of which fully set forth in a certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Nurseries, a corpora- tion, being also a party to said indenture); thence on same course ten (10) feet, more or less, to the center line of said private way; thence by the following seven courses, but everywhere following the center line of said private way, to wit: first, South sixty-seven degrees and forty minutes Egst (S. 67 -40 E ) one hundred and forty-three and five -tenths Vol. 454-543 2- (145.3) feet; thence North eighty-three degrees and three minutes East (N.83 -3 E. ) forty-six (46) feet; thence North forty-eight degrees and thirteen minutes East (N. 48 - 13 E.) fifty-six (56) feet; thence North ten degrees End fifty-two minutes East (N. 10 - 52 E.) one hundred and seventy- five and three-tenths (175.3) feet; thence North thirty- three degrees and forty-five minutes East (N. 33 - 45 E.) fifty- six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 37 - 18 E.) LWO hundred and eighty-three (283) feet; thence North twenty-five degrees and thirty four minutes East (N. 25 -34' E. ) eighty-six(86) feet to the center of said Old Right of Way Road in the Southern line of land formerly of Theodore Chase; thence South four degrees and thirty minutes West(s. 4 -30 W.) but everywherefollowing the center line of said Old Right of Way Road, four hundred and eighty (480) feet; thence South two degrees and thirty minutes East (S. 2 -30' E.) still everywhere following the center line of said Old Right of Way Road, five hundred and seventy-two (572) feet to said Newbold line; thence South sixty-five degrees and thirty minutes West (S. 65 -301 W. ) bur everywhere following said Newbold line, one rod more or less to the place of beginning, containing six acres, more or less. Being a parcel of land marked "Lot D. upon & certain plan made by E. W. Hill, C.E. and entitled "Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, 454-543 3- Bar Harbor, Han ock County, Maine, 1907" which plan is to be recorded herewith in the Hancock County, Maine, Registry of Deeds, Book of plans. Second Lot:- Beginning at a stone post set in the ground in the Eastern line of land of the Grantee herein, at the Southwestern corner of a lot of land owned formerly by said Theodore Chase: thence South twenty-one degrees and fifteen minutes West (S. 21 -15' W. ) but everywhere following the Eastern line of said land of the Grantee six hundred and for- ty (640) feet to a stone post set in the ground in the North line of the private way established as aforesaid; thence on same course ten (10) feet more or less to the center of said private way; thence by the following eleven courses, but everywhere following the center line of said private way, to wit, first North seventy-five degrees East (N. 75° E.) ninety-five (95) feet; thence North fifty-three degrees and twenty minutes East (N. 53 0 -20' E.) ninety-three - and five- - tenths (93.5) feet; thence North sixty-one degrees and fifty minutes East (N. 61°-50" E.) seventy-three (73) feet; thence South eighty-nine degrees and thirty-four minutes East (S. 89° -34' E. ) seventy (70) feet; thence South sixty-seven degrees and forty minutes East (S. 670-40 E.) one hundred and forty-three and five tenths (143.5) feet; thence North 454-543 4- thence North eighty-three degrees and three minutes East (N. 83 0 -3' E. ) forty-six (46) feet; thence North forty- eight degrees and thirteen minutes East (IV. 48° -131 E.) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 10° -52' E. ) one hundred and seventy-five and three -tenths (175.3) feet; thence North thirty-three degrees and forty-five minutes East (N. 33°-05 I E.) fifty-six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 37° -18' E.) two hundred and eighty-three feet; thence North twenty-five degrees and thirty-four minutes East (N. 25 is -34' E.) eighty-six (86) feet to the South line of said land formerly of Theodore Chase; thence South eighty-six degrees West (S. 86 W.) but everywhere following said South line of Chase, ten (10) feet, more or less, to a stone post set in the ground inthe Western line of said private way; thence on same course still following the Southern line of said land of Chase, five hundred and eighty-five (585) feet to the place of beginning, containing six and five-tenths (6.5) acres, more or less. Being a parcel of land marked "Lot C." upon said plan. A strip of land being part and parcel of Lot C. is hereby conveyed expressly subject to the following re- strictions, not conditions subsequent, 00 wiu:- 404-040 0- First - That no building or other structure or any part thereof shall ever be erected or maintained thereon, Of upon any part OI the same. Second: That no poles or wires for electrical or other service carried on or above ground and no water pipes or Other pipes on or above the surface of the ground, shall ever be laid or maintained thereon, or upon any part thereof. Third: - Tha no yards Or enclosures, such as yards for animals or poultry, stable yards, laundry yards or yards for storage, shall ever be maintained upon any part thereof. Fourth:- That no manure or garbage heaps, garden or other refuse or any other obvious source OI disfigurement or annoyance to either sight or smell, shall ever be deposited upon any part therof. The object and purpose OI we avove restrictions is to preserve the beauty of the roadsides and the pleasantness of the roads to those abutting on or using them. The strip of land hereby conveyed subject to the above restrictions is described as follows:- Bounded on the South by the North line OI saiu private WEY; on the east by a production of the Western line of Lot D. hereinabove described; on the North by a line parallel with the North line of said private way and everywhere fifty (50) feet distant therefrom; 454-543 6- ana on one BOOL wy one western line of said lot hereinabove described as conveyed. The Grantee herein for himself and his nells NY acceptance of this deed covenants and agrees with the Grantor herein, her Heirs and Assigns, that no pass Of salu STEP of land fifty feet wide next hereinabove described shall ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon the Grantee and all funure owners and tenants thereof in favor of the Grantor, her Heirs and Assigns and all future owners and tenants of her estate lying Southerly and Easterly of "OId Farm" so-called, and all parts thereof, including the lot of land convyed by the Grantee herein to the Grantor herein by deed bearing even date herewith. But neither said Grantee herein, nor his Heirs, nor any future owner or tenant OI said restricted strip of land or any part thereof shall be personally liable for any violation It said restrictions by his or their Grantees or Lessees. 454-543 7- And I the said Matilua U. Markoe for the considera- tion aforesaid do hereby impose similar restrictions upon the strip 01 lana, being part and parcel of Lot E, as shown upon said plan, said strip of land being bounded and ae- scribed as follows:- Bounded Northerly by the Southern line of said private way Ilrst hereina pove mentioned; Easterly by the Western line of said Lot D. ; Southerly by a line parallel with the Southern line of said private way and everywhere fifty feet distant thereIrom; and Westerly by Lot F. shown upon said plan, being the same lot conveyed by said DO I's to said Markoe by deed bearing even date herewith. And the said Grantor herein for nerself and her Heirs, hereby covenants and agrees with the said Grantee herein, his Heirs ana Assigns that no part of said strip of land fifty feet wide, next hereinabove described snall ever be used for any purpose prohibited by the restrictions above set forth. it is agreed that said restrictions shall run with the land and be binding upon saia Grantor and all future owners and tenants thereof in favor of said Grantee, his Heirs and Assigns and all future owners and tenants of the lot herein described as conveyer anu all future owners and tenants of the Grantees estate known as "Old Farm" or any part thereof. 454-543 8- But neither the said Grantor herein 1101 her Heirs nor any future owner of said strip of land or any part there- 01 shall be personally liable for any violation of said restrictions by her or their Grantees or Lessees. Said ways and restrictions are expressly excepted iron ullo operation of the covenants hereinafter contained. Vol. 454, Page 535. Indenture Dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B. Dorr -to- Matilda C. Markoe In Bar Harbor. Beginning at a stone post set in the ground in the western line of a certain private way known as the Old Right of Way Road, in the Northern line of land of Newbold; thence South sixty-five degrees and thirty minutes West (S. 65° -30' W. ) but everywhere following said Northern line of land of Newbold, two hundred and eleven (211) feet, more or less to an iron bolt set in a ledge; thence North twenty-five degrees West (N. 250 W. ) passing through two iron bolts set in ledges, seven hundred (700) feet to a stone post set in the ground in the Southern line of a private way established and the boundaries of which fully set forth in a certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Nurseries, a corporation being also E party to said indenture); thence on same course ten (10) feet, more or less, to the center line of said private way; thence by thefollowing seven courses, but everywhere following the center line Of said private way, to wit:- first, South sixty-seven degrees and forty minutes East 67° 40' E.) one hundred and forty-three and five-tenths (143.5) feet; thence North eighty-three degrees and three minutes East (N. 83° -3' E.) forty-six (46) 454-535 2- feet; thence North forty-eight degrees and thirteen minute's East (N. 48 °-13' E.) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 10° - 52' E. ) one hundred and seventy-five and three-tenths (175.3) feet; thence North thirty-three degrees and forty-five minutes East (N. 33 0451 E. fifty-six (56) feet; thence North thirty- seven degrees and eighteen minutes East (N. 370 -18' E.) two hundred and eighty-three (283) feet; thence North twenty- five degrees and thirty-Iour minutes East (N. 25° -34 E. ) eighty-six (86) feet to the center of said Old Right of Way Road in the Southern line of land formerly of Theodore Chase; thence South four degrees and thirty minutes West (S. 4° -30' W.) but everywhere following the center line OI said Old Right of Way Road, four hundred and ei ghty (480) feet; thence South two degrees and thirty minutes East (S. 2° -30 E. ) still everywhere following the center line of said Old Right of Way Road, fivehundred and seventy-two (572) feet to said Newbold's line; thence South sixty-five degrees and thirty minutes West (s. 65° -30' W. ) but everywhere following said Newbold's line one rod, more or less to the place of beginning, containing six acres, more or less. Being a parcel of land marked "Lot D." upon a certain plan made by E. W. Hill, C.E., end entitled "Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907" which plan isto be recorded in the Hancock County 454-535 3- Maine, Registry of Deeds Book OI plans. Meaning and intending to include the whole OI the lot described and numbered First Lot in a certain deed from the Grantee herein to the Grantor herein, bearing even date with this instrument, but delivered prior to the delivery hereof. TO HAVE AND TO HOLD the premises above described and hereby grented, together with all privileges and appur- - tenances thereof, to her, the said Matilda C. Markoe and her Assigns for and during the term of the natural life of her, the said Matilda C. Markoe. This conveyence is made expressly subject to the following restrictions, not conditions subsequent, to wit, that no buildings or other structures shall l be erected on said Lot D. , and no trees shall be allowed to stand or grow thereon and nothing shall be placed, deposited or allowed to remain thereon, during the term hereof, that shall in either such case so obstruct or disfigure the view from any part of Lot C., shown upon said plan, as to lessen the value of said Lot C. Nothing shall be considered an obstruction or disfigurement within the meaning hereof unless agreed to be such by the parties interested or determined to be such by a competent person selected by the parties or (in case of failure to agree, or failure to take action) selected by the Chief Justice of the Supreme Judicial Court of Maine. 454-535 4- Such person SO selected shall have power to cause the removal of any such obstruction or disfigurement pro- - vided that the same shall not be removed by the Grantee or her Assigns for thirty days after such determination. The expense of such reference and such removal by order of referee shall be borne by the parties equally. These restrictions shall run with the land and be binding upon the Grantee and her Assigns, owners of the estate in said Lot D. hereby created in favor of the Grantor, his Heirs and Assigns, owners or tenants of all or any part of said Lot C. s But, the Grantee shall not be personally liable for any violation of such restrictions by her Assignee or Tenant. Vol. 556, Page 100. Quit Claim Deed. Dated Oct. 6, 1920. Recorded Oct. 12, 1920. Matilda C. Markoe -to- Hancock County Trustees of Public Reservations. All my right, title and interest in and to a certain lot or parcel of land situated at Bar Harbor afore- said, bounded and described as follows, to wit:- Beginning in the eastern line of the Schooner Head Road at the junction of said eastern line with the center line of a private way established, and the boundaries of which are fully set forth in a certain Indenture between the par- ties hereto and the Mount Desert Nurseries, said Indentu being dated October 12, A.D.1907 and recorded in the Regis- try of Deeds in Book 454, Page 537; thence in an easterly and northeasterly direction, but everywhere following the center line of said private way .established as aforesaid, to the southern line of land formerly of Theodore Chase, at which point said private way forms a junction with the way known as the Old Right of Way Road, said Old Right of way Road being marked at this point by stone posts set in the ground in the west and east lines thereof, said stone posts being in the south line of said land formerly of Chase; thence south four degrees and thirty minutes west, but everywhere following the center line of said Old Right of Way Road four hundred and ei ghty feet; thence south two degrees and thirty minutes east, still everywhere following the center line of said Old Right of Way Road five hundred 556-100 2- and seventy-two - feet to a stone post set in the ground in the northern line of land of Newbold; thence south sixty-five degrees and thirty minutes west, but everywhere following said northern line of land of Newbold eight hundred feet; more or less, to the said eastern line of said Schooner Head Road; thence "by said Schooner Head Road, in a northerly direction, ten hundred and seventy-five feet, more or less, to the point of beginning. Being a pa rcel of land marked D, E and F upon a certain plan made by E. W. Hill, Civil Engineer, and entitled "Map of property belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907," which plan is recorded in said Registry of Deeds in Plan Book 3, Page 27. The consideration for this deed is less than one hundred dollars. APPURTENANT EASEMENTS. 1. OLD POST ROAD 2. STOUGHTON ROAD 3. DORR ROAD OLD POST ROAD. OLD POST ROAD. This name is applied in one of the early deeds to the way beginning at the Schooner Head Road and running southeasterly to the northeast corner of the locus; thence southerly, forming the eastern boundary line of the locus, and thence southerly and southwesterly to the Schooner Head Road near Bear Brook. This is said to be an old road which was in use before it was described or mentioned in any deed. The northern end of this way crosses land of Dorr. This part of the way was in 1878 laid out as a private way by the selectmen of the town and in 1879 released by the Bingham trustees. We have not considered whether this laying out and release were or were not valiu masmuch as the way as now used was subsequently established by deed. In 1879 Charles H. Dorr granted to the Trustees of the Bingham Estate, then owning the locus, and also to Lucy Ellis, who owned land north of the Markoe lot, as an appurtenant way. a right of way across his land to the Schooner Head Road, ( page 70 ) . By inis deed Mr. Dorr reserved the right to change the location of the way. In 1880 rights in this way were acquired by Mrs. Markoe (page 79 ). . In 1890 Matilda C. Markoe released her rights under said deed from Dorr (page 92 ) ana received from Mr. Dorr a grant of a new WEY: Page 88. The next section of the so-called Old Post Road crosses land formerly of Lucy Ellis. This was first established in 1877 by deed from the Trustees of the Bingham Estate in their conveyance of the land to Mrs. Ellis page 68). In 1879 a change was made by deeds between Mrs. Ellis and the Trustees of the Bingham Estate ( then owning the locus) ( pages 76 and 78). In 1880 rights in this way were acquired by Mrs. Markoe (page 79). In 1883 a further change was made by indenture be tween Mrs. Ellis and Matilda C. Markoe (page 81). Following the way southerly the next section arosses land of Chase and forms the eastern boundary of the locus and in part the northern boundary of land of Mrs. Newbold, until it makes a junction with the Schooner Head Road near Bear Brook. This section of the way was first established by the deed from Trustees of the Bingham Estateto Lucy Ellis in 1877 ( page 68), included in the deed to Mrs. Markoe ( page 79) and was defined in said indenture between Lucy Ellis and Matilda C. Markoe in 1883 (page 81) . The part of it crossing the Chase Lot was reserved in the deed of the Chase Lot from Mrs. Markoe to Mrs. Stoughton in 1885 ( page 100) and the part of it which crosses the Newbold lot was reserved in the deed from Mrs. Markoe to Mrs. Newbold in 1904 (page 97). Rights over this road were granted by Mrs. Markoe to Mrs. Newbold ( page 97). Vol. 156, Page 443. Quitclaim Deed. Dated Feb. 5, 1877. Recorded Feb. 17, 1877. Charles Willing and Chapmen Biddle, Trustees of the Estate which was formerly of William Bingham the elder deceased -to- Lucy Ellis. General description: A tract of land next north of land conveyed by the Bridgham Estate to Mrs. Markoe in 1880 (Book 174, Page 100) and lying between land of Dorr and the sea. "And do also give, grent, bargain, sell and convey to said Lucy Ellis and her heirs and assigns as appurtenant to the said parcel of land hereby conveyed, a right of way two rods wide for animals, vehicles and on foot and for all purposes from said parcel of land Southerly and Westerly and to the same Easterly and Northerly over and through the land of the grantors to and from the highway from Bar Harbor to Schooner Head in said town of Eden by the easiest fessible route to be locatedwhenever the grantors or their heirs or assigns or the grantee and her heirs and assigns shall agree or if they do not agree, whenever the County Com- missioners of said County of Hancock shall determine. But reserving out of said parcel of land hereby conveyed as appurtenant to land of said Grantors South of said parcel of land a right of way two rods wide for animals vehicles and on foot and for all purposes to and from such a way as shall first be laid out from said parcel of land to the highway 156-443 2- leading to Bar Harbor from the Southern boundary of said parcel of land beginning at the Eastern base of the hill near the Western boundary line of said parcel of land; thence around the foot of the hill Northerly and Westerly and to said boundary Easterly end Southerly around said foot to said base to be located when the grantees shall prefer, but not more then thirty rods from the Southwest corner of said parcel of land. Vol. 169, Page 229. Quitclaim deed. Dower released. Dated Nov. 29, 1879. Recorded Jan. 24, 1880. Charles H. Dorr -to- Lucy Ellis and Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder deceased. And to all others for the time being owners or rightful occupants of all or any part of a certain parcel of land, now of said Lucy Ellis, situate in Eden, Hancock County, and State of Maine: Bounded North and East by the sea; South by land of the Bingham Estate and West by land of said Dorr, forever; as appurtenent to all and every part of her said parcel of land, and unto the said Charles Willing and Chapman Biddle and their heirs and assigns, and their successors in said Trust and their Heirs and assigns and to all others for the time being owners or rightful occupants of all or any now part of a certain parcel of land/of said Trustees situate in said Eden, bounded North by land of said Lucy Ellis, East by the sea, South by Bear Brook and west by lend of said Dorr, forever, as appurtenant to all and every part of their said parcel of land last herein mentioned a right of way over and across the land of said Dorr to and from the highway known and called the Schooner Head Road. Such way hereby granted being particularly located and described as follows:- that is to say: 169-229 2- Beginning on the east side of said highway called the Schooner Head Road at the Southwest corner of a cottage of said Dorr and thence running following the avenue of said Dorr as now built first South 74 East eight and three-fourths rods to the west line of the "Sherman Lot" so-called; thence South East, five rods; thence South five rods; thence South 621° East two rods; thence South 7030 o East rive rods; thence South 541° East nine and three-fifths rods to the West line of land of said Dorr, which line is the East line of the said "Sherman Lot" thence South 671 East three rods: thence South 55 East five rods; thence South 481 ° East ten rods; thence South 50-00 East (diverging from the main avenue of said Dorr) four rods to a stake; thence South 261 ° East twelve rods; thence South 461° East six and three fourths rods; thence South 29° o East three rods; thence South 311° East four rods and seven links; thence South 501° East four roas and seventeen links; thence South 541° East four rods; thence South fifty-eight and one-half degrees East two rods; thence South 831° East two rods; thence North 81 0 East two rods; thence North 711 East two rods to the point of a ledge; thence South 891° East two rods; thence South East two rods to a stake, the said way from the place of beginning to this last nerein mentioned stake, to be twenty feet wide; thence South 531°East one rod to a stake on the West line of said land or said Lucy Ellis: 169-229 3- the said way at this place to be thirty feet wide. The line hereinabove described by its several courses, distances and monuments from said Schooner Head Road to the said West line of land of said Lucy Ellis to be the centre line of the way hereby granted. The courses hereinbefore named are the several courses but there are courses between the points hereinbefore given and said way is a curving way, running through saia points hereinbefore named. For fur- ther indentification of said way hereby granted reference may be had to a plan 01 saiu way made by E. M. Hamor, Sur- veyor, from his survey of the same made September 13th, A.D. 1879, saia plan being dated Sept. 13, 1879, Marked "A" and signed by said E. M. Hamor and herewith to be recorded, the way hereoy granted being marked on said plan in red ink which said way hereby granted shall be held and enjoyed by the said Lucy Ellis and her heirs and assigns, and all said owners for the time being of her said parcel of land as appurtenant to all and every paru or hersaid parcel of land, that is to say, the parcel first hereinbefore described forever, and by the said Charles Willing and Chapman Biddle, Trustees as aforesaid, thei : r said successors, heirs ana as igns and all said other owners, for the time being of their said parcel of land as appurtenant to all and every part 01 their said parcel of land, that is to say of the parcel secondly hereinbefore mentioned and described 169-229 4- IOrever, 60 the full extent and with the same rights thereto as if the said way had been duly and legally laiu ouu anu established as a private way for and to and from said parcels of land, to and from said highway celled the Schooner Head Road by the proper officers end authorities under the Statutes of the State of Maine, the way hereby granted being a substitute for and instead of a way hereto- fore SO laid out and established and which is hereby excepting and reserving to each and all of said grantees her, his and . their said successors, heirs and assigns all and whatever is hereby to her, him or them granted hereby surrendered to said Dorr his heirs and assigns, in consideration of the conveyance hereby of the way hereby granted. IT Reserving however to said Dorr and his Heirs and Assigns the right to change, except as hereinafter excepted, the location and direction of the way hereby granted to some other suitable location and direction, substantially as good, and convenient for those who are to enjoy and use the same as said way SO surrendered and whenever such change is made said Dorr here by agrees for himself and his Heirs, Executors, Administretors and Assigns with each and all of said grantees herein named and of her, his and their executors and administrators, said successors, heirs and assigns that he, the said Dorr and his Heirs and Assigns will make to each and all of said grantors herein named and to her 169-229 5 his and their said successors, heirs and assigns then owning all or any part now owned by said grantee or grantees of said parcel of land now of said Lucy Ellis hereinbefore described or of said parcel of land now of said Trustees hereinbefore described a new conveyence similar to these presents of such so changed way in fee simple to be held and enjoyed the same, and in and to all respects and intents whatsoever as this way hereby granted is or is to be under this con- veyence and thereupon each and all of the said grantees and of her, his and their said successors, heirs and assigns shall have the further use of the way hereby convyed for the term of three months from the date of such new conveyance, after which they shall have no further rights therein ith the exceptions hereinafter named but insteed thereof shall have, hold and enjoy the said so changed way so to be con- veyed to her, him or them as aforesaid in lieu thereof; In case of disagreement as to the suitableness of any proposed location and direction of said so changed way, the same shall be determined by the County Commissioners of the County of danoock for the time then being, but no change shall be made in the termination of the way hereby granted at the said West line of said land of said Lucy Ellis nor in the said way itself for a distence of ten rods Egsterly of said line, and any new location of or change of direction in the rest of said way 169-229 6- shall be so made as to connect conveniently with such pari or parts of said way as cannot or shall not be changed unuer and in accordance with the right of change hereinbefore re- served to said Dorr and his Heirs and assigns and all the rights, titles, interests, and easements hereby granted in, to upon or over said part or parts, as hereby excepted and re- served to and for each and all of said grantee or grantees herein named of said rights, titles, interests and ease- men ts and to and for his, her and their said successors, heirs and assigns. The use by said Dorr or his Heirs or Absigns of the way hereby granted is not abridged by this conveyance. Vol. 169, Page 236. Quitclaim deed. Dower not released. Dated Nov. 29, 1879. Recorded January 24, 1880. Lucy Ellis -to- Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly OI William Bingham the elder deceased. Grant of way to Willing and Biddle, Trustees, as owners of the land conveyed to Mrs. Markoe in 1880, Book 174, Page 100. Way described as follows: "Forever as appurtenant to every part of said parcel of land, a right of way over and across land of said Lucy Ellis, to and from the termination of a way hereinafter mentioned, granted to her and others by said Dorr, on the West line of said land of said Lucy Ellis, such way herein granted being particularly located and described as follows, to wit:- Beginning at a stake on the North side of a way granted by said Charles H. Dorr, across his land to said Lucy Ellis and others, by his deed dated this day and on the said West line of said land of said Lucy Ellis and thence on said west line South 19° West six rods and seventeen links to a stake about one rod Northerly of a ledge; thence diverging from said line, South 1° West two and three fifths rods to a stake; thence South The West one and three fifths rods to a stake, seven feet Westerly from a cherry tree, such hereby granted way to be twenty feet wide and the above described line in its several courses and distances to be the westerly line of such way. The aforesaid line being that run and 169-236 2- located by E. M. Hamor, surveyor, Sept. 13, A. D. 1879, and as shown on a plan made by said Hamor dated Sept. 13, 1879, and marked "A" and referred to in and recorded or to be re- corded with said deed of said Dorr which said way hereby granted shall be held and enjoyed by said Charles Willing, Trustees as aforesaid, their said successors, heirs and assigns and all owners of all and any part of said parcel of land first herein described forever, as appurtenant to every part of said parcel to the full extent and with every right and all rights therein as were reserved by said Charles Will- ing and Chapman Biddle Trustees as aforesaid in their reser- vation of a way across said parcel of land of.said Lucy Ellis in their conveyance to her of said parcel by deed dated Feb. 5, 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, Folio 443 but without right of any change or relo- cation of the way as herein granted. The way herein granted being an extension of the said way reserved in said deed to said way across said land of said Dorr.' Vol. 169, Page 233. Dated Nov. 29, 1879. Recorded January 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham the elder deceased - to - Lucy Ellis. Release Of certain part of way formerly existing for which released part the way granted by the next preceding deed is a substitute. A certain part of the way reserved in our former deed to said Lucy Ellis, dated Feby. 5, A.D. 1877 and recorded in the Hancock County Registry of Deeds in the State of Maine, Vol. 156, folio 443, to wit:- All that part of said way which lies to the Eastward of the Way this day conveyed to us by the deed of the said Lucy Ellis and laid out by E. M. Hamor, Sur- veyor, to which deed reference may be had, and also all right, titles, interest and easements of us, or either of us in or to saidpart herein released, so that all the way the said Trustees, their successors or assigns shall have upon and across the land of said Lucy Ellis named in said deed of Feby. 5, 1877 to the northward of the stake, named in said deed from said Lucy Ellis to said Trustees of this day, as being seven feet west- erly of the Cherry-tree, shall be all and only the way this day conveyed to said Trustees by said Lucy Ellis. But this conveyence shall not affect any part of the way to the South- ward of said stake, reserved in our said former deed of Feby. 5, 1877. Vol. 174, Page 100. Quitclaim Deed. Dated May 4, 1880. Recorded May 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the selder, deceased, -to- Matilda C. Markoe. Conveyence of a tract of land containing eighty-seven acres and one hundred and fourteen and three tenths square rods (See p.46) together with a way described as follows: And also as appurtenant to said parcel of land, certain rights of way to wit:- All the rights of way reserved to and by said Trustees in their deed to Lucy Ellis, dated February 5th, A.D. 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, folio 443, except so far as the said last herein mentioned rights of way are abridged or surrendered by a deed from said Trustees to said Ellis dated November 29th, A.D. 1879, and recorded in said Registry of Deeds, Vol. 169, Folio 233, to both which deeds and such records thereof re- ference is to be had for a more particular description of the extent, limitations and conditions of said last herein men- tioned rights of way; and also as appurtenant to said parcel of land all the rights of way conveyed to said Trustees by said Lucy Ellis by her deed dated November 29th, A.D. 1879, and recorded in said Registry of Deeds, Vol. 169, Folio 236, and all the rights of way conveyed to said Trustees by Charles H. Dorr by his deed dated November 29th, A.D. 1879 and recorded in said Registry of Deeds Vol. 169, Folio 229 to both which 174-100 2- last herein mentioned deeds and such records thereof reference is to be had for a particular description of the extent limitations and conditions of said last herein mentioned rights of way SO conveyed by said Ellis or by said Dorr, subject always to the right of way heretofore granted across said parcel of land to said Lucy Ellis by, and described in a deed from said Trustees to her dated February 5th, A.D. 1877 and recorded in said Regis- try of Deeds, Vol. 156, Folio 443 to which deed and rocord reference may be had for a particular description of the extent, limitations and conditions OI said last herein mentioned right of way The premises above described and hereby conveyed being subject also to the easement of all existing legal public high- ways over the same and the foregoing decription of said parcel of land being according to a survey and plan of the same made by Levi B. Wymen, Surveyor, September 10th and 11th, A. D. 1879. Meaning hereby to convey to the said Matilda C. Markoe as and her heirs and assigns/aforesaid, all and the same rights, titles and interests in and to said parcel of land Which the said William Bingham, the elder derived from the Common- wealth of Massachusetts whether directly or by mesne conveyances, as appears by his title deeds duly recorded in said Hancock County and said State of Maine. Vol. 189, Page 179. Indenture. Dated May 28, 1883. Recorded June 11, 1883. -and- Matilda C. Markoe. Lucy Ellis WITNESSETH: That whereas Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder, deceased, by their deed dated on the fifth day of February A.D. 1877, and recorded in the Registry of Deeds for the County of Hancock in the Stateof Maine in Vol. 156, Page 443, conveyed to said Lucy Ellis a certain parcel of land situate in the town of Eden in said County, ana also as appurtenant to said parcel of land a right of way two rods wide as therein described, to be located wherever they or their heirs or assigns and said Lucy Ellis or her heirs or assigns should agree or if they did not agree, wherever the County Commissioners of said County should determine, and reserved another right of way in said deed described as appurtenant to land then of said Trustees not so conveyed lying South of said parcel of land SO conveyed out of and over said last herein mentioned parcel of land, and whereas said last herein mentioned right of way SO reserved has been extended by a deed dated on the twenty ninth day of November A.D. 1879 from said Lucy Ellis to said Trustees, recorded in said Registry Vol. 169, Page 236, and in part released by a deed from them to her dated on said day and recorded in said R gistry Vol. 169, folio 233, and said Trustees have since 189-179 2- the dates of said three deeds conveyed said land held by them at said dates over and through which land said first herein mentioned right of way was so granted as aforesaid ( and as appurtenant to which also said secondly herein mentioned right of way was so reserved as aforesaid) to said Matilda C. Markoe by their deed dated on the fourth day of May A.D. 1880 and recorded in said Registry Vol. 174 page 100, so that she has all the rights, powers and interests which said Trustees at and immediately before said deed to her had in, or in refer- ence to both said rights of way or said extension, and where- as said Matilda C. Markoe and said Lucy Ellis have agreed to fix, define and locate as hereinsfter set forth, the route and limits of said first herein mentioned right of way, and of said secondly hereinbefore mentioned right of way SO far as not fixed, determined and located by said two deeds both dated on said twenty ninth day OF November A.D. 1879. Now then said Lucy Ellis doth hereby grant, convey, re- lease and confirm unto said Matilda C. Markoe and her heirs and assigns all and the same rights of way granted to said Trustees by said Lucy Ellis by her said deed dated on the twenty-ninth day of November A.D. 1879 and also in full sat- isfaction of any and all rights of way so reserved as afore- said to said Trustees in and by their said deed to said Lucy Ellis dated on the fifth day of February A.D. 1877, doth grant, 189-179 3- release and convey to said Matilda C. Markoe and her heirs and assigns forever, a right of way two rods wide for animals, vehicles and on foot and for all purposes to and from and as appurtenant to all and any and every part of said parcel of land conveyed to said Matilda C. Markoe by the said deed of said Trustees dated on said fourth day of May A. D. 1880 to and from, upon and over said right of way granted to said Trustees by said Lucy Ellis by her deed dated on the twenty- ninth day of November A.D. 1879, to and from the way in said deed referred to as granted to her and others by Charles H. Dorr, and to and from upon and over and through a certain strip or parcel of land which is part of said land conveyed to said Lucy Ellis by said Trustees as aforesaid, and by their deed dated on the fifth day of February A. D. 1877, the centre line of which strip of land is one rod from the outer or boundary lines thereof and is described and runs as follows:- Beginning at a stake which stand one rod Easterly from a stone post which post stands seven feet westwardly from a cherry tree, said stone post being the southwest terminus of E right of WEY already granted by said Lucy Ellis to said Charles Willing and Chapman Biddle Trustees, by her said deed to them dated on the twenty-ninth day of November A.D. 1879 as appurtenant to land then of said Trustees now owned by said Matilda C. Markoe and as an extension of the way so 189-179 4- reserved by said Trustee in and by their said deed to her dated on the fifth day of February D.1877, said centre line runs from said stake first South 14°15' E. 1 rod and 1 link; Thence S. 24° 55' E. 3 rods and 19 links; thence South 12 20' E. l rod and 12 links; thence S. 2 o W. 6 rods and 12 links; thence South 6° 15' W. 2 rods and 8 links; thence S. 12 E. 1 rod End 17 links; thence South 220 30' E. 3 rods and 4 links; thence S. 27 0 25' E. 6 rods and 2 links; thence South 19° 30' E. 6 rods and 5 links; thence S. 13 0 E. 1 rod and 14 links; to a stake in the line between land of said Lucy Ellis and said Matilda C. Markoe. The courses given being by compass at this date according to a survey by E. M. Hamor, Surveyor. TO HAVE AND TO HOLD unto the said Matilda C. Markoe and her heirs and assigns forever all and singular the premises hereby granted or released to her or them; and said Matilda C. Markoe for herself and her heirs and assigns hereby accept said rights of way so hereby to her and them granted, convey- ed or confirmed in full of all and any rights, claims, and demands to or for all or any rights of way or passage over, on or through all or any part or parts of said parcel of land conveyed or purporting to be conveyed to said Lucy Ellis by said Trustees by their said deed dated on the fifth day of February A.D. 1877 and doth hereby remise, release and forever 189-179 5- quit-claim to her the said Lucy Ellis and her heirs and assigns all right of way and passage over all or any part or parts of said parcel of land, except the land over and through which any rights of way are hereby granted and conveyed or confirmed; and the said Matilda C. Markoe doth hereby grant, release and convey unto the said Lucy Ellis and her heirs and assigns, as appurtenant to said parcel of land conveyed or purporting to be conveyed to her by said Trustees by said deed dated on the fifth day of February A.D. 1877, a right 01 way two rods wide for animals, vehicles or on foot and for all purposes from and to said parcel OI land Southerly and Wester- ly and to the same Easterly and Northerly as appurtenant to said parcel of land and to and fromthe highway from Bar Harbor to Schooner He ad in said town over and through a certain strip or parcel of land which is part of said parcel of land conveyed as aforesaid to said Matilda C. Markoe, the centre line of which is one rod fromtthe outer boundary lines thereof and is de- - scribed and runs as follows, namely:- Beginning at a stake on the line between lands of said Lucy Ellis and Matilde C. Markoe in the centre OI said two rods Right of Way granted by said Ellis to said Markoe, said centre line runs from said Stake S. 90 E. 4 rods and 4 links; thence S. 30 o E. 1 roa and 23 links; thence S. 55 15' E. 1 rod and 21 links; thence S. 71° 30' E. 1 rod and 18 links; thence N. 73° E. 5 rods and 15 links; thence N. 84°E. one rod and 22 links; thence S. 73 189-179 6- 45' E. 1 rod and 3 links to Old Path; thence following said Old 13° PathSouth /45' W. 7 rods and 2 links; thence S. 590 30' West 6 rods and 00 links; thence South 18° W. 6 rods and 24 links; Thence S. 33° 10' W. 2 rods and 21 links; thence South 58 30 W. 7 rods; thence S. 22° 45' W. 4 rods and 26 links; thence South 8° 50' E. 7 rods; thence S. 10° 55' W. 5 rods and eight links; thence South 5° 55' W. 6 rods and 12 links; thence S. 4° 30' E. 3 rods and 23 links; thence South 11° 25' W. 3 rods and 9 links; thence S. 70 30' E. 3 rods and 21 links; thence South 26° 40' E. 2 rods and 12 links; thence S. 5 o 25' E. 5 rods and 9 links; thence South 2 o 30' E. 2 rods and 21 links thence S. 11°W. 4 rods and 18 links; thence South 70 55' E. 6 rods and 2 links; thence S. 305 , W. 6 rods and -- links; thence South 18° 30' W. 4 rods and 10 links; thence S. 31 o 15' W 4 rods and 22 links; thence South 6 o 50' W. 5 rods and 20 links; thence S. 64°15' W. 3 rods and 19 links; thence North 74 ° 25' W. 4 rods and 3 links; thence N. 570 W. 3 rods end 16 links; thence North 77 ° 45' W. 5 rods and 20 links; thence S . 73 ° W 4 rods and 16 links; thence South 50°W. 4 rods and 13 links; thence S. 74 o 10' W. 6 rods and 6 links; thence South 79 ° 45' W. 8 rods and 8 links; to a stake on the east side of Schooner Head Road, which said stake is 9 rods and 17 links N. 28 OW. from the centre OI Bear Brook on the 189-179 7- east side of the bridge across said brook, said courses are by compass at this date according to a survey by Ei. M. Hamor, Surveyor. TO HAVE AND TO HOLD unto the said Lucy Ellis and her heirs and Assigns forever, all and singular the premises hereby granted or released to her of them. And SE10 Lucy Ellis for herself and her Heirs End Assigns hereby accepts said right of way SO hereby to her and them granted and conveyed in full for all and any rights of way or passage over or through all or any part or parts of said parcel of land conveyed or purporting to be conveyed to said Matilda C. Markoe by said deed dated on the fourth day of May A. D. 1880 and doth hereby remise, release and forever quit-claim to her the said Matilda C. Markoe and her heirs and assigns all rights of way OF passage over or through all of any part or parts of said parcel of land except said strip or parcel of land hereinbefore described as that over or through which a right of way is hereby granted and released. Vol. 247, Page 145. Quitclaim in deed. Dower released. Dated March 31, 1890. Recorded Sept. 10, 1890. Charles H. Dorr -to- Matilda C. Markoe. Grent OI way appurtenant to Markoe land. The description is as follows: Do hereby give, grant, bargain, sell and convey unto the said Matilda C. Markoe and to her heirs and assigns and to all others, for the time being, owners or rightful occupants of all or any part of a certain lot or parcel of land now owned in part by said Matilda C. Markoe situated in the town of Eden County of Hancock and State of Maine, bounded north by land of Lucy Ellis; east by the sea, south by Bear Brook E na west by land of saia Dorr, forever, as appurtenant to all and every part of the said parcel of land, a right of way over and across land of said Dorr, situated in said town of Eden to and from the highway known as and called the Schooner Head Road, such way hereby granted being particularly loeated and described as follows, that is to say: Beginning at a stone post set in the ground in the east line of the County road, and at the centre of a road built by said Charles H. Dorr in the fall of 1888; thence following the centre of saia Dorr's road End crossing said Dorr's land as follows, to wit, south thirty-four degrees and twenty five minutes east seventy nine feet to a point bearing north fifty degrees least and ten feet distant from a stone post set in the ground; thence south forty six degrees east eighty seven and one helf feet to a point bearing north forty two degrees 247-145 2- and thirty minutes east and ten feet distant from a stone post set in the ground; thence south forty eight degrees and ten minutes least three hundred and twenty two feet to a point bear- ing north forty five degrees and thirty minutes east and ten feet distant from a stone post set in the ground; thence south forty degrees and twenty five minutes east eightyeight and one half feet to a point bearing north forty six degrees and thirty minutes east and ten feet distant from a stone post set in the ground; thence south forty nine degrees and thirty minutes east forty five feet to a point bearing north thirty degrees and thirty nine minutes east and ten feet distant from a stone post set in the ground; thence south sixty nine degrees and thirty minutes east fifty three and one half feet to a point bearing north nineteen degrees ana thirty minutes east and ten feet distant from an iron bolt set in the ground near the outlet of the Pond; thence south seventy one degrees and forty five minutes east one hundred thirty eight and one half feetw a point bearing north twenty four degrees east and ten feet distant from a stone post set in the ground; thence south sixty one degrees and thirty minutes east six hundred and fifteen feet to a point bearing North nineteen degrees east and ten feet distant from a stone post set in the ground; thence south eighty four degrees and fifty min- utes east thirty six and one half feet to a point bearing 247-145 3- north five degrees and thirty minutes west and ten feet distant from a stone post set in the ground; thence north seventy six degrees east sixty and one half feet to a point bearing north thirty minutes west and ten feet distant from a stone post set in the ground; thence south eighty degrees east thirty seven and one half feet to a point bearing north nineteen degrees east and ten feet distant from a stone post set in the ground; thence south eighty degrees east sixteen and one half feet to a stone post set in the ground in the line between lands of the said Charles H. Dorr and seid Lucy Ellis, and in the centre of the road leading to said Ellis' Cottage. The described line is the centre of said way and the way is to be twenty feet wide in every part, except the last sixteen and one half feet and that, to wit, the last rod of the length of said way, next to the line of said Ellis is to be thirty feet wide. Whole distance fifteen hundred and eighty feet. For further identification of said way hereby granted reference may be had to a plan of said way made by E. M Hamor, surveyor from his surveys of the same made in April A. D. 1889, said plan being dated April 5th, 1889 and signed by said E. M. Hamor and herewith to be recorded. Said way above described and hereby granted shall be held and enjoyed by said Matilda C. Markoe and her hei rs and assigns and all said for the time being, owners or rightful 247-145 4- occupants of her said parcel of land as appurtenant to all and every part thereof forever, and to the full extent and with the same rights there to , as if said way had been duly and legally laid out and established as a private way for and to and from said highway called the Schooner Head Road by the proper officers and authorities under the Statutes of the State of Maine, not however intending hereby to give any rights over said way to the public or to any person or persons, except the owners or rightful occupants (for the time be ing) of the parcel of land herein described. The way hereby granted is intended as a substitute for, and instead of any and all rights of way heretofore granted by said Dorr, or acquired in any manner across land of said Dorr, as appurtenant to the lot of land of said Dorr as appurtenant to the lot of land herein described. And all said rights of way 80 previously granted or in any manner acquired and surrendered, except in so far as such rights of way in any part or narts thereof may be identical with the rights of way hereby granted. The use by said Dorr his heirs and assigns of the way hereby granted is not abridged by this conveyance.. Vol. 247, Page 134. Quitclaim Deed. Dower released. Dated March 31, 1890. Recorded Sept. 10, 1890. Matilda C. Markoe and John Markoe, husband of said Matilda. -to- Charles H. Dorr. Owners and rightful occupants of a portion of the land situated in the town of Eden County of Hancock and State of Maine, more fully described in a certain deed of the ways and easements hereinafter described, from Charles H. Dorr to Lucy Ellis and others, dated Nov. 29th, 1879, and recorded in the Registry of Deeds for Hancock County, State of Maine, Vol. 169, Page 229, to which deed and record reference is expressly made for a full description, said land being described generally as two lots, to wit: First, bounded North and East by the sea, South by land formerly of the Bingham Estate and West by land of Charles H. Dorr. Second, bounded north by land of Lucy Ellis, East by the sea, South by Bear Brook and West by land of said Dorr, in consideration of the sum of one dollar and other good and valuable considerations to each of us paid by Charles H. Dorr, of the City of Boston, County of Suffolk, Common- wealth of Massachusetts, the receipt whereof we do hereby acknowledge do hereby remise, release, sell and convey and forever quitclaim unto the said Charles H. Dorr, his heirs and assigns forever all claims, rights, titles, interests and easements except as hereinafter stated, which are ap- - purtenant to the portion of the above described land owned, held or occupied by us, and all claims, rights, titles, interests 247-134 2- and easements, which we derived, under said deed from Charles H. Dorr, dated and recorded as above specified, and which are described in said deed as follows: " A right of way over and across the land of said Dorr to and from the highway known and called the Schooner Head Road, such way hereby granted being particularly located and described as follows, that is ,to say, Beginning on the East side of said highway, called the Schooner Head Road, at the South West corner of a cottage of said Dorr and thence running following the Avenue of said Dorr as now built, first South seventy four degrees East eight and three fourths rods to the West line of the "Sherman Lot" so called; thence South forty one and three fourths degrees East five rods; thence South fifty one and three fourths degrees East five rods; thence South sixty two and one fourth degrees East two rods; thence South seventy and three fourths degrees East five rods; thence south fifty four and one half degrees East nine and three fifths rods to the West line of land of said Dorr which line is the East line of said Sherman lot; thence South sixty seven and one fourth degrees East three rods thence South fifty five and three fourths degrees East five rods; thence South forty-eight & one half degrees East ten rods; thence south fifty & three fourths degrees east (diverging from the main avenue of said Dorr) four rods to a stake; thence South twenty six and one half degrees East 247-134. 3- twelve rods; thence South forty six and one half degrees East six and three fourths rods; thence South twenty nine degrees East three rods; thence South thirty one & one half degrees East four rods and seven links; thence South fifty and one half degrees East four rods and seventeen links; thence South fifty four and one fourth degrees East four rods; thence South fifty eight and one nalf degrees East two rods; thence South eighty three and one fourth degrees East two rods; thence North eighty-one degrees east two rods; thence north seventy one & one fourth degrees East two rods to the point of ai ledge; thence South eighty nine & one half degrees East two rods; thence South seventy three and three fourths degrees East two rods to a stake, the aforesaid way from the place of beginning to this last herein mentioned stake to be twenty feet wide thence South fifty three and one half degrees East one rod to a stake in the West line of said land of said Lucy Ellis; the said way at this point to be thirty feet wide, the line hereinabove described by its various courses, distances and monumen ts from said Schooner Head Road to the said West line of land of said Lucy Ellis to be the center line of the way hereby granted. The courses hereinabove named are the general courses, but there are curves between points herein- before given, and said way is a curving way running through said points hereinbefore named for further identification of said way hereby granted reference may be had to a plan of 247-134 4- said way made by E. M. Hamor, Surveyor, from his survey, the same made September 13th, A.D.1879, said plan being dated September 13th, 1879, marked "A" and signed by said E. M. Hamor and herewith to be recorded, the way hereby granted being marked on said plan in red ink." Meaning and intending hereby to remise, release and quit-claim to the said Charles H. Dorr his heirs and assigns forever except as here- inafter stated all rights, titles, interests, claims and easements, however the same may be described set forth in said deed from Charles H. Dorr, dated and recorded as above specified, SO far as the same may be owned, held or occupied by us or either of us, or appurtenant to any of the above de- scribed land owned, held or occupied by us or either of us, meaning and intending further'that this deed shall supplement a certain deed bearing even date herewith from Lucy Ellis, Theodore Chase & Alice B. Chase to the said Charles H Dorr in the body of which deed the names of the grantors herein appear, but which is not executed by them, so that this deed together with said deed from Lucy Ellis and others bearing even date herewith shall-re-invest in said Charles H. Dorr, except as hereinafter stated all the claims, rights, titles, interests and easements conveyed by Charles H. Dorr by his deed first hereinabove described excepting and we do not here- by release any, but hereby except and reserve to and for our- 247-134 5- selves our heirs and assigns, and each of us, and the heirs and assigns of each of us, forever, all of the claims, rights, interests, easements and titles in or to any way or other thing granted or conveyed to us and our heirs and assigns by the deed of Charles D. Dorr, bearing even date with these presents and to be recorded in the Hancock County Registry of Deeds although the same or any part thereof may be identical with the ways, rights, titles, interests and easements herein described or in, upon or over any land covered by or included in said way herein described or any part thereof. Vol. 412, Page 249. Quitclaim deed. Dated October 1, 1904. Recorded Oct. 3, 1904. Matilda C. Markoe -to- Virginia Newbold. Deed of land adjoining Bear Brook. Also granting and reserving ways as follows: Together with, and as appurtenant to the lot of land above described, and all parts thereof, a right of way in common with myself, my heirs and assigns, owners or tenants of the lot of land lying North of the lot herein described, and also in common with all persons lawfully entitled to similar rights in, over and through the same ways described in two certain deeds, to wit, Indenture between Lucy Ellis anu myself dated May 28th, 1883, and recorded June 11th , 1883 in said Registry, Vol. 189, Page 179, and Deed from Charles H. Dorr to myself dated March 31st, 1890 and recorded in said Registry September 10th, 1890 in Vol. 247, Page 145. Meaning and intending to grant and convey, and I do here. by convey to said Virginia Newbold, her heirs and assigns, all rights and easements acquired by me under and by virtue of said last described deed and indenture, SO far as the same are appurtenant to the land herein described as conveyed, and any and all parts thereof; and also a right of way for all pur- poses in, over and through such part of said way described in said indenture as lies in and upon my land. 412-249 2- Reserving however, to myself and my heirs and assigns a right of way for all purposes in, over and through such part of said way described in said indenture, as lies in and upon the land herein described as conveyed. Rights of way herein granted and reserved shall be held and enjoyed by said Virginia Newbold and myself, our heirs and assigns in common, and in common with all persons lawfully entitled to similar rights. STOUGHTON ROAD. STOUGHTON ROAD. I have applied this name to the way leading across the Chase Lot, formerly Stoughton Lot, from the Old Post Road in a general southeasterly direction to the land bargained to Mrs Leeds. I call this the Stoughton Road because it first was described and reserved in the deed from Mrs. Markoe to Mrs. Stoughton in 1885 ( page 100). It will be observed that this way is subject to change in location by the owner of the Chase Lot (pages 102 to 105). It is appurtenant to the whole Markoe Lot. Vol. 203, Page 169. Quitclaim deed. Dated Sept. 18 1885. Recorded Nov. 18, 1885. Matilda C. Markoe and John Markoe, her husband. -to- Mary Fiske Stoughton Grant of lot afterward owned by Theodore Chase and known as the Chase lot. This lot comprises the northern part of the tract conveyed by the Trustees of the Bingham Estate to Mrs. Markoe in 1880, Book 174, Page 100. By this deed Mrs. Markoe reserves as appurtenant to the locus rights of way in and over so much of the so-called "Old Post Road" as lies within the lot and also a further way which we have dseignated as the "Stoughton Road." The reservation is as follows: Excepting always that we said Matilda C. Markoe, and John Markoe, do hereby reserve for her and for her heirs anu assigns forever, owners of all , or any part or parts not hereby granted or released, of the parcel of land to her con- veyed by said deed of said Willing and Biddle and as appur- tenantato such part or parts, first the right to use and enjoy all and each of the rights of way hereby granted or hereby released, at any and all times and in common and in like manner and to and for the same extent and purposes with and as said Mary Fiske Stoughton and her heirs and assigns, own- ers of all or any part or parts of the lana hereby granted or released, and as appurtenant thereto, may use and enjoy all, any and each of said rights of way hereby granted, or released, 203-169 2- and second Also a certain other right of way two rods wide for animals, vehicles, and on foot, and to pass and re- pass, and for all purposes, to and from all and each and every of said part or parts not hereby granted or released of said parcels of land, conveyed to said Matilda C. Markoe, by said deed of said Willing and Biddle both, to, Irom ana over a certain strip or parcel two rods wide at all points of land which is part of said first herein described parcel of land, and the centre line of which is as follows, to wit: Beginning in said centre line in the southerly boundary line of said land hereby releasea at a point thirteen rods and nine links westerly from the iron bolt hereinbefore mentioned in the ledge near the top of the bank and one rod and four links easterly Irom a stonepost standing in said southerly line and running from said point of beginning and following the centre of said way or strip 01 lana, tirst north thirty eight degrees and twenty five minutes west two rods and twenty links; thence north thirty four degrees and thirty five min- utes west live roas anu two links; thence north twenty nine degrees and fifty minutes west, five rods and fifteen links; thence north fifty-six degrees west One rod and twelve links to a stone post set in the ground; said stone post being at C on a plan herewith to be recorded marked as follows: "Plan of land near Bar Harbor, in Eden, Mt. Desert belonging to John 203-169 3- Markoe The outline plan and division into lots made by L. B. Wyman, Surveyor, 111 1879, The location of sites and roads leading thereto designed and laid out and approximately drawn upon this Plan by Jos. H. Curtis, Landscape Eng. Sept. 1881, recopied and courses of roads given by E. M. Hamor, Surveyor, Sepu. 1880. thence north ninety degrees west, six rods and nine links; thence north eighty-five degrees and thirty min- utes west three rods anu Iourteen links; thence north eighty- eight degrees and thirty minutes west five rods and five links; thence north sixty-eight degrees anu Illieen minutes west five rods; thencenorth eighty degrees and forty five minutes west two rods and twenty-four links; thence north seventy de- grees west five rods and eleven links; thence north sixty- seven degrees and forty five minutes west four rods and twenty-one links to a stone post set in the ground in said land over which said Lucy Ellis has a right of way, this point being indicated on said plan by a letter B., said strip of land and the said way over the same being two rods wide as aforesaid, one of each OI said rods on each side of said line, and said point indicated by said letter "B", being at a point where said right of way last hereby reserved meets ano ther right of way hereby released to said Stoughton and reserved for said Markoe, granting however to said Stoughton and her heirs and assigns, the right within, and not after 203-169 4- the expiration 01 one year irom anu aiter any awelling house shall have been built on any part of the said parcel of lana hereby granted or released wholly at her or their expense, and without expense to said Matilda C. Markoe or to any person claiming under her, to change , except as hereinafter excepted, the location and airection 01 ssaid way hereby reserved, the centre line of which begins, as aforesaid in said southerly boundary line at said point thirteen rods and nine links westerly from said iron bolt, and to substitute for said way, a way of the same Wiuth, and substantially of as easy grade and as good and convenient in every respect for those for whom said way is hereby reserved as said way, and running over suitable land, and to construct and fit for use and put in as good a condition for use and travel as said way shall be, at the time of said change, such substituted way, except and provided that no change shall be made at or in the said beginning of said way hereby reserved, nor at or in the said point shown by the letter B, as marked on said plan, and the only change or substitution hereby authorized, is and shall be between said beginning and said point. And whenever such change and substitution shall be made, then the said Stoughton or, her heirs or assigns, owners of the said parcel here- by granted or released, shall make to said Matilda C. Markoe or to her heirs or assigns, orning all or any part or parts not hereby conveyed of the larger parcel of land hereinbefore 203-169 5- and hereinafter mentioned and referred to as conveyed to her by said Charles Willing and Chapman Biddle, trustees, as afores aid, a proper grant and conveyance of said SO sub- stituted way in fee simple to be held and enjoyed by her, and her said heirs and assigns, owning as aforesaid, like as and in and to the same manner and extent, and in End to all respects and intents whatsoever as said way hereby reserved is or is to be, or can be held and enjoyed under these pre- sents. And thereupon and thereafter the said Matilde C. Markoe, and her heirs and assigns owning as aforesaid shall have the further and continued use of the said way hereby reserved until said Stoughton or her heirs or assigns shall have made and constructed said substituted way as aforesaid, and put the same in said condition, after which they the said Matilda C. Markoe and her said heirs and assigns owners as aforesaid, shall have no further rights therein, but instead thereof shall have, hold and enjoy as adoresaid, the said so substituted way so to be CO inveyed to her and them as afore- said in lieu thereof. In case of any question or dis- agreement as to the convenience, grade, quality, suitableness, or condition of said substituted way, or of any proposed loca- tion or direction of such so substituted way, the said ques- tion or direction of such so substituted way, the said ques- or disagreement shall be determined by the award of a majority of the County Commissioners, for the County of 203-169 6- Hancock for the time then being, after an opportunity for all the parties in interest then of age and capable of acting, to be heard by all of said Commissioners, Notice of the hearing before such Commissioners may be given by mail and the certificate of said Commissioners or a majority thereof that all parties have had such oppor- tunity shall be conclusive. DORR ROAD. DORR ROAD This way leads from the northwest corner of the locus across land of George B. Dorr and land formerly of Mrs. Markoe to the Schooner Head Road. It was establish- ed in 1907 by the indenture next hereinafter set forth between Mrs. Markoe and Mr. . Dorr and the Nurseries, corporation. It will be observed that this way is subject to certain restrictions (page 109). Vol. 454, Page 537. Indenture. Dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B. Dorr, Matilda C. Markoe and The Mount Desert Nurseries. Indenture establishing way appurtenant to property OI the parties to it, including the locus ( ). Way described as follows: Beginning in the Eastern lineor the Schooner Head Road at the junction of said Eastern line with the center line OI said private way to be established hereby, said point of beginning being forty (40) feet distant measured by the East- ern side of said Schooner He ad Road from a stone post set in the ground near the South side of said private way; thence from said point of beginning running South seventy-three degrees East (S. 73° E.) four hundred and twenty-one (421) feet; thence South eighty-two degrees and thirty minutes East (S. 82° - 30' E.) sixty-three (63) feet; thence North eighty-nine degrees and thirty minutes East (N. 89 0 -30' E.) sixty-eight (68) feet to the division line between land of the parties of the first and second parts hereto said pri- - vate WEY to be established hereby is at this point marked by a stone post set in the ground in the North line thereof and another stone post set in the ground in the South line there- of, both said stone posts being in said division line; thence North seventy-five degrees East (N. 75 E. ) ninety-five (95) feet; thence North fifty-three degrees and twenty minutes 454-537 2- East (N.o 53 - 20' E.) ninety-three and five -tenths (93.5) feet; thence North sixty-one degrees and fifty minutes East (N. 61°-50' E.) seventy-three (73) feet; thence South eighty- nine degrees and thirty-four minutes East (s. 89-341 E.) seventy (70) feet to line between lots D. and E., as shown upon the plan hereinafter referred to; at this point said private way is marked by a stone post set in the ground in the Southern line thereof, said stone post being in the division line between saia lots D. and E. ; thence South sixty- seven degrees and torty minutes East (s. 67°-408 E.) one hundred and forty-three and five-tenths (143.5) feet; thence North eighty-three degrees and three minutes East (N. 83°- - 31 E.) forty-eix (46) feet; thence North forty-eight degrees and thirteen minutes East (N. 48-13' E.) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 10°. 52' E.) one hundred and seventy-five and three- tenths (175.3) feet; thence North thirty-three degrees and forty-five min- utes East (N. 33°-45' E.) fifty-six (56) feet; thence North thirty-seven degrees and eighteen minutes East (N. 37th - 181 E.) two hundred and eighty-three (283) feet; thence North twenty- five degrees and thirty-four minutes East (N. 25 o -341 E.). eighty-six (86) feet to the Southern line of land formerly of said Theodore Chase, at which point said private way forms a Old junction with the way known as the/Right of Way Road, said 454-537 3- old Right of Way Road being marked at this point by stone posts set in the ground in the West and East lines thereof, said stone posts being in the South line of said land formerly of Chase. Said private way hereby established is shown upon a certain plan entitled Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907, made by E. W. Hill, C.E., to be recorded in the Hancock County, Maine Registry of Deeds. Said private way hereby established is twenty (20) feet in width in every part and the line above described Iollows substantially the center line thereof; said private way has been built and wherever the line above described as the center line conflicts with the stone posts hereinabove referred to and with the lines of the way as built, such stone posts and the lines of the way as built shall control. It is agreed by and between the parties that said private way hereby established shall be subject to certain restric- tions, not conditions subsequent, to wit:- First: That no poles, wires or pipes shall ever be erect- ed or maintained within, along or across the same on or above the surface of the ground. Second: - That so long as both or either of the parties of the first or second parts hereto, their Heirs or Devises own any land abutting on said private way hereby established, no 454-537 4- rights of way or other rights or easements therein, and no right to use or en joy any pipes or wires laid or maintained therein (save only as appurtenant to all or some part of the land hereinabove referred to as owned by the parties hereto shall be grented otherwise than by consent of said party or parties, their Heirs or Devises, owners of said abutting land. NOTE: The right to lay, maintain, repair, renew, use and enjoy water, gas and sewer pipes and electric light wires and suitable conduits for same beneath the surface of the ground in and under said way was specifically granted. RESTRICTIONS UPON THE LOCUS. 1. Dorr Road, Old Post Road and Schooner Head Road. 2. Ten Foot way for electric line. The Dorr Road referred to on the foregoing page is fully set forth on pages 106 to 110. The center line of this way forms the north- ern line of the locus. The Old Post Road also crosses the property and the Schooner Head Road is subject to the rights of the public. TEN FOOT WAY FOR ELECTRIC LINE. TEN FOOT WAY FOR ELECTRIC LINE. This way leads in part over land of Mrs. Markoe and in part over land of George B. Dorr, in which Mrs. Markbe formerly had a life estate. It follows the northern line of the Newbold Lot, which line is defined in the deed 1' r om Mrs. Markoe to Mrs. Newbold (page ) The deed described on page grants to Mrs. Markoe the way leading across that part which lies within land of Dorr. The deeds from Mrs. Markoe to Harrison and Scott also describe and grant the whole way. Vol. 462, Page 251. Quit-claim Deed. Dower not released Dated September 1, 1909. Recorded September 4, 1909. George B. Dorr -to- Matilda C. Markoe As appurtenant to all and every part of a certain lot of land situated in Bar Harbor, owned by the said Grantee, bounded generally as follows: Northerly by land now or form- e l y of Theodore Chase; Easterly by the sea; Southerly by land of Virginia Newbold, and Westerly by the center line of the private road leading from the Sols Cliff Drive to the Schooner Head Road. The right and easement to construct, maintain, repair renew, use and enjoy telephone and electric light wires and poles in and over a strip of land ten feet wide extending from the Easterly line of Lot H as shown upon plan of property belonging to Mrs. John Markoe and Geo. B. Dorr, recorded October 30, 1908 in plan book 3 page 27 of the Hancock County, Maine, Registry of Deeds, to the center line of said above mentioned private road, said strip being bounded Southerly by the Northern line of the tract of land conveyed by said Matilda C. Markoe to Virginia Newbold by deed dated October 1, 1904,and recorded in said Registry of Deeds in Book 412, Page 294, being a strip of land ten feet in width from and adjoining the Southern line of Lot D as shown upon said plan recorded as aforesaid. The location of said poles and wires, within said strip, shall be determined by said George B. Dorr his Heirs and Assigns. Provided how ever that the same shall 462-251 2- be so located to afford at all times practical and efficient service. This conveyance is made by virture of my ownership of the fee of said strip of land and is subject to the life estate of said Matilda C. Markoe created by deed from me to her dated October 12, 1907 and recorded in said Registry in Book 454, Page 535. This conveyance is also made sub- ject to all existing rights and easements in, through and over said above mentioned private road and to the right of the Grantor his Heirs and Assigns to use and enjoy the same. RESTRICTIONS UPON OTHER LAND For the benefit of the locus On pages 117 to 121 are deeds from Mrs. Markoe to Harrison and Scott conveying land near the locus and imposing restrictions thereon. The land conveyed is marked by the sketch ad Lot 2. Vol. 462, Page 258. Warranty Deed. Dated Sept. 1, 1909. Recorded Sept. 4, 1909. Matilda C. Markoe - to - Rrancis Burton Harrison and Henry T. Scott, as Trustees. By this deed one undivided half part of the two lots lying to the east of the locus is conveyed with the follow- ing appurtenant rights. Together with and as appurtenant to the land above described and all parts thereof, all rights of way and other rights, privileges and easements ( in common with myself, my. heirs and assigns, owners or tenants of the lot of land lying West of the land herein described, and also in common with all persons lawfully entitled to similar rights in, over and through the same ways, rights, privileges and easements) described in the following deeds, to wit:- Indenture between Lucy Ellis and myself dated May 28, 1883, and recorded June 11, 1883 in the Hancock County, Maine, Registry of Deeds, in Volume 189, Page 179: Deed from Charles H. Dorr to myself dated March 31, 1890 and recorded in said Registry Sept. 10, 1890 in Vol. 247, Page 145, and Indenture between George B. Dorr, the Mount Desert Nurseries and myself dated October 12, A.D. 1907 and re- corded October 30, 1908 in Book 454 Page 537 of said 462-258 2- Registry, subject however to the conditions and restric- tions therein set forth, and Also I do hereby convey to said Francis Burton Harrison and Henry T. Scott, Trustees as aforesaid, the same ways reserved by me in the deed from myself to Mary Fiske Stoughton, dated September 18, 1885 and re- corded November 18, 1885 in Vol. 203, Page 169 of said Registry. Meaning and intending to grant and convey and I do hereby grant and convey to said Francis Burton Har- rison and Henry T. Scott, Trustees as aforesaid, their Successors, Heirs and Assigns all rights of way and all other rights and easements appurtenant to said above described land and all parts thereof. Together with and as appurtenant as aforesaid the right and easement to construct, maintain, repair, renew, use and enjoy telephone and electric light wires and poles in and over a strip of land ten feet wide extending from the Schooner Head Road to the center of said private road leading from the Sols Cliff Drive to said Schooner Head Road, said strip being bounded southerly by the northern line of the tract of land conveyed by said Metilda C. Markoe to Virginia Newbold by deed dated October 1, 1904, and recorded in the Registry of Deeds for said Hancock County in Book 412, Page 249. Subject however to all 462-258 3- existing rights and easements in, through and over said last mentioned private road, and also subject to the rights of the Grantor and of George B. Dorr, his Heirs or Assigns to use and enjoy the same. The fee of the said strip of land is owned in part by the Grantor and in part by the said George B. Dorr (subject to the Grant- ors life estate therein) and the right and easement granted therein in and over land of said Dorr are so granted subject to all conditions and provisions set forth in his deed to the grantor bearing even date herewith. The lot or parcel of land hereinabove described as conveyed marked "Second" is made expressly subject to the following restriction, not condition subsequent, to wit:- that no building or other structure shall be erected thereon. This restriction shall run with the land and be binding upon the Grantees and all future owners and tenants thereof. The lot or parcel of land hereinabove described as conveyed marked "First Lot" is made expressly subject to all public rights in the shore between high and low water mark and to all existing rights and easements in and to the private road situated and lying upon and along the western boundary thereof. 462-258 4- NOTE: The lot above referred to marked Second" is shown on the plan prefixed hereto as Lot No. 2. Vol. 462, Page 255. Warranty Deed. Dated Sept. 1, 1909. Recorded Sept. 4, 1909. Matilda C. Markoe - to - Francis Burton Harrison By this deed the other undivided half of the lot referred to on the preceeding pages together with the same appurtenant rights are conveyed. By the ins trument set forth on pages 51 to 58 Matilda C. Markoe conveyed to George B. Dorr a lot of land on both sides of the Dorr Road, imposing restric- tions,for the benefit of the locus and other land, upon a strip of land fifty feet wide next north of the Dorr Road and extending from the Dorr land easterly to the western line of Lot D. produced (plan recorded in Han- cock County Registry of Deeds, Plan Book 3, Page 27) By the instrument set forth on pages 36 to 40 George B. Dorr, imposed for the benefit of certain lands including the locus, restrictions similar to those referred to on the preceeding page. MORTGAGES AND DISCHARGES. Vol. 2, Page 557. Mortgage Deed. Dower not released. Dated Sept. 2, 1794. Recorded Sept. 8, 1794. Henry Higgins and Stephen Higgins -to- Samuel Jackson. This is E mortgage of Lot No. F given to secure the sum of 105 pounds. Samuel Jackson discharges the above mortgage to Henry Higgins and Stephen Higgins by quitclaim deed dated June 16, 1800 and recorded May 7, 1805 in Vol. 16, Page 191. The register recites that the above discharge was taken from back of the original mortgage deed, recorded Lib. 2, Fol. 280. Vol. 2, page 280 has been renumbered, now being Vol. 2, Page 557.. 107 Vol. 80, Page 348. Mortgage Deed. Dower released. Dated October 20, 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Deen Higgins & Eunice his wife. Deed recited that consideration was paid by Dean Higgins. Consideration of $1,000. This is a mortgage of the same land described in the deed from Stephen Higgins et als to Deen Higgins, recorded in Vol. 42, Page 311. (Lot No. Fi) . After the covenants the following appears: PROVIDED NEVERTHELESS That if the said Charles Bunker his heirs, executors or administrators, shall well & truly provide suitable maintenance for the said Deen Higgins and Eunice Higgins his wife, during their natural lives and more particularly according to a certain bond given this day by the said Charles Bunker to the said Deen Higgins & wife, then this deed shall be void; otherwise shall remain in full force & virtue. 108 Vol. 81, Page 130. Bond. Dated October 20, 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Deen Higgins and Eunice Higgins his wife and the survivor of them. This is E bond for $1,000. !The condition of the above obligation is such that whereas it has been agreed between me the said Bunker and said Higgins and his said wife it would be suitable to provide for their future comfort by having some person engared to take that charge upon himself and whereas said Higgins has according thereto proposed to give me a deed in fee with warranty of all the real estate he owns, being his farm land whereon he now lives in said Eden, on con- dition that I will give to him and his wife a bond as above with condition for their maintenance during their lives, together with a deed in fee with warranty end of mortgage conditioned to be void on fulfillment of the conditions of this bond, to all which I have agreed and in fulfillment of which agreement this bond is now made. Now therefore the condition of the aforesaid bond is such that if I the said Charles Bunker, my heirs, executors, administrators, or assigns shall and do during the natural lives of the said Deen Higgins and Eunice his wife and of the survivor of them well and faithfully provide for them at my table or at one of their own as 109 81-130 -2 they shall choose, all such necessary food and drink as is suited to their and my rank and condition in life and all necessary raiment suited to r a nk and conditions as aforesaid, with all such things in sickness and health ES may reasonably be understood to be included in the term maintenance, having regard to their comfort as far as that can be reasonably expected in the house wherein I live or may live on the said land (unless it should be thought best to remove) . Then the aforesaid obligation to be null and void, otherwise to remain in full force & virtue. SUMMARY INCUMBRANCES INCUMBRANCES. 1. So much of the private ways, Old Post Road and the Dorr Road, and the Public way, the Schooner Head Road ( one half of their width) as lies upon the locus is sub- ject to rights of way in others. 2. Lot D. is subject to certain restrictions im- posed for the benefit of Lot C., land lying north of the Dorr Road, see page 61. 3. A strip of land along the southern boundary is subject to a way for electric line, see pagell4. 4. Ambrose Higgins and his wife gave & mortgage to secure a bond for their maintenance. The conditions were undoubtedly broken. Ambrose Higgins died prior to 1843 and while his heirs might have performed the condi- tions, they apparently did not, as Dean Higgins in 1846 conveyed the property to Charles Bunker, and received back a mortgage securing a bond for the maintenance of ninself and wife. I have been unable to determine de- finitely whether the conditions of this bond were ful- - filled. It is my opinion, however, that they were sat- isfactorily performed. 5. There are certain restrictions in reference to the use of the Dorr Road, see page 109. 6.All the appurtenant ways are to be used in common with others having rights. DOWER. In a few of the very early deeds dower was not released, I believe, however, that the land in ques-- tion was then what is termed "wild land" and as such was not subject to dower. In all other cases the dower is either re- leased where necessary, or the deed was given so long ago that dower rights are now practically impossible. I find no mortgages, attachments, judgements, liens or other incumbrances affecting the property except as above described and summarized as follows: 1. Rights in the Old Post Road, the Dorr Road and the Schooner Head Road, the center line forming the western, northern and eastern boundaries. 2. Rights in common and restrictions upon certain ways. 3. Restrictions imposed upon Lot D. for the benefit of Lot C. page 61. 4. Way for Electric Line. 5. Old mortgage, page 126. In my opinion George B. Dorr and The Hancock County Trustees of Public Reservations have clear and un- incumbered title to the property under discussion, with the exceptions set forth in the brief. January 29, 1921. Caser paye 1552 the Blue other abstract of Title Proposed of to Safayth national Park Taxis ABSTRACT OF TITLE TO 8. tract of land in the Town of Bar Harbor, Hancock County, Maine, lying easterly of the Schooner Head Road and shown on the accompanying sketch as lots D. E. and ir. Said sketch not being drawn to scale but designed as illustrative merely. A Don transfer 7 2 many Formerly Ellis Dan a Boy Formerly Ellis chase formerly Marker dot c formally Markae Now Red Lts 7 bay Ltd formally Martine fras formerly Marker now Newbold sear brank EARLY. HISTORY EARLY HISTORY Mount Desert Island was formerly a nert of the French Province of Acadia. In 1688 Louis XIV, King of France, granted to M. Do La Motte Cadillac, one league of land on each eide of the river Donaquec (now Jordans River) to- rather with "Mount Desert Island and other islands on the fore part of said two leagues." So far as we know 11. Cadillac did not take possession of the property and by the Treaty of Utrecht, which was concluded between Great Britain and France, Mount Desert became El cart of the District of Maine an appendage of the British province of Massschnsetts. In the year 1762 the General Court of Massachusetts granted the Island of Mount Desert to Francis Barnard, Governor of Massachusetts. But Barnard W&R E British sympathizer, and going back to England just before the Revolution, his estates were soon after the war confiscat- ed by the State. In 1785 John Barnard, son and devisee of Francis Barn- ard, made application to have his father's confiscated estates restored to him, and producing evidence that he had been a patriot notwithstanding hia father's Toryism the General Court granted to him (in 1785) an undivided moiety of the Island. About this time Naria Theresa Do- Cregoire, grand-daughter and heir of M. Cadillac appoared and potitioned to have the grant of the French King to her ancestor confirmed to her. The General Court considered her application favorably and while protesting that Madam DeGregoire had no legal right to the estate, and providing that the act should not he drawn into ,7 precedent. in 1787 by Resolve granted to Madam DeGregoire and her husband Bartholomy DeGrepoire "All such parte and parcels of the Island of lit. Desert and other islands and tracts of Jand particularly described in the grant or patent of his Inte Most Christian Kajesty Louis X1V to said Monsieur De La Motte Cadillac, which now remains the property of the Commonwealth whether by original right, cossation. confis- cation or forfeiture, conditional however that the De- Gregoires should become naturalized. Their mnnturalization was effected immediately after. The prants to Cadillac and to the Barnards do not appear of record in this County, The former is recorded in Queboe, the latter in the Secretary of Stato's office in Mass@chnsotts. The grant to the Dogregoires and the meturalination proceedings sprear of record in the Hancock County Maine Registry of Deeds, in Vol. 1, Page 426, and Vol. 2, Page 199. Except where otherwise specified. the records herein referred to are those of the Hancock County, Maine, Registry of Deeds. 2 PARTITION OF THE ISLAND. In the year 1788 Madam DeCrogoire and her husband patitioned to the Supreme Judicial Court in Massachusetts to have the property partitioned and their moiety set off to them to hold in severalty. An attorney appeared for John Barnard and consented to the proceedings and Stephen Jones, Nathan Jones and Thomas Richardson were appointed Commissioners to make the parti- tion. Their report was confirmed in 1794 and is found of fecord in Vol. 2, Page 487 and reads 29 follows: "We, Stephen Jones, Nathan Jonos and Thomas Richardson pursuant to the foregoing warrant to us directed, have set off to Bartholemy DeGrogoire and Maris Theresa DeGregoire, his wife, their moiety of the Island of Mount Desert which is bounded as follows, viz: Beginning above Mr. James Richardson's at a stake and stones at the herd of the tide at the Northern extremity of Mount Desert Sound and from thence running North thirty-eight degrees West to a stake and stones upon the edge of the bank of high water mark upon the Northern side of said Island; thence Easterly along by highwater mark down to and around the East and of said Island; the nce Westerly by the shore to said Mount Desort Sound ; then Northerly by the shore up said Sound to the first mentioned bound, and that the whole of that part of said Island to the Westward of said Sound and of said North- erly line from the head of said Sound to the Northerly shore to be the moiety or share of John Barnard, Esq.' " Bartholemy and Maria Theresa DoGragoire thue acquired title to all that part of Mount Desert Island lying east of Somes Sound, including the or perty in question. 3 LOT F. The following is the chain of title to Lot F. referred to on the title page from the owner- ship of Bartholemy and Maria Theresa Detrogoire to the ownership of Matilde O. Workee. Hancock Country Trustue of Public Resuration PARTITION OF THE ISLAND. In the year 1788 Madam DeCrogoire and her husband petitioned to the Supreme Judicial Court in Massachusetts to have the property partitioned and their moiety set off to them to hold in severalty. AM attorney appeared for John Barnard and consented to the proceedings and Stephen Jones, Nethan Jones and Thomas Richardson were appointed Commissioners to make the parti- tion. Their report was confirmed in 1794 and is found of fecord in Vol. 2, Page 487 and reads as follows: "We, Stephen Jones, Nathan Jones and Thomas Richardson pursuant to the foregoing warrant to us directed, have 3et off to Bartholemy DoGregoire and Maris Theresa DeGregoire, his wife, their moiety of the Island of Mount Desert which is bounded as follows, viz: Beginning above Mr. Janes Richardson's at a stake and stones at the herd of the tide at the Northern extremity of Mount Desert Sound and from thence running North thirty-e ight degrees West to a stake and stones upon the edge of the bank of high water mark upon the Northern side of said Island; thence Easterly along by highwater mark down to and around the East end of said Island; thence Westerly by the shore to said Mount Desort Sound; then Northerly by the shore up said Sound to the first mentioned bound, and that the whole of that nart of said Island to the Westward of said Sound and of said North- erly line from the head of said Sound to the Northerly shore to be the moiety or share of John Barnard, Esq. " Bartholemy and Maria Theresa DoGragoire thue acquired title to all that part of Mount Desert Island lying east of Somes Sound, including the pr perty in question. 3 LOT F. The following is the chain 01 title to Lot F. referred to on the title page from the owner- ship. of Bartholemy and Maria Theresa Detrogoire to the ownership of Wattide So Markoe. Hamarch Country Trustue of Public Resurated This parcel comes out of a lot, marked on the plan of the Island of Mount Desert, "John Cousins" although there is, of record, no deed to him of the property. I do not know what his relation was to the property. he may have been a squatter upon it or it may have been bonded to him. The fact that it is so marked upon the plan has no special importance. It was divided into two parts, the eastern part was known as the Zacheus Higgins lot and the western part as the Dean Higgins lot. While the locus seems to come out of the Zacheus Higgins lot, some part of it may extend into the Dean Higgins lot. I am therefore setting forth the detailed history of both lots. Vol. 2, Page 558. Warranty Deed. Dower released, Dated March 28, 1792. Recorded Sept. 1, 1794. Bartholomy DeGregoire & Maria Thoresa DeGregoire nee de Caddillace -to- Henry Higgins. A certain tract or parcel of land containing one hundred acres situated lying and being on Mount Desert Island in the County of Hancock & Commonwealth of Massachusetts & bounded ES follows viz: beginning at a stake and stones, the bounds between Stephen Higgins and Henry Higgins, first running north sixty five degrees west five rods to a pine tree, then south 15 degrees west 347 rods to an oak stake, then south seventy five degrees East 60 rods to a cedar stump, then North 15 degrees East to the Shore - then fol- lowing the shore to the first mentioned bounds - Together with all the Estate. right, title, Interest, use, property claim and demand whatsoever of us the said Bartholomy & Maria Therosa which we now have or at any time heretofore had of in, and to the aforementioned premises, with the appur- tenances, or any part thereof, or which at any time hereto- fore has been held, used, occupied, or enjoyed as part or parcel of the same. 2 6 HEIRS OF HENRY HIGGINS. I learn from Eben Hamor's History of the Town of Eden, now Town of Bar Harbor, that Henry Higgins died March 24, 1794, leaving two children Stephen and Mary, and & widow Anna, who married Roger Googins. The following is an extract from said History:- Israel and Mery Snow Higgins See Book 1, p. 116. Their children were: 1. Henry, born Nov. 27, 1769 at Easthem mar. Ann Googins and settled in Trenton (now Lamoine) He died Mar. 24, 1794. Their children were: 1. Stephen settled in Trenton (now Lemoine) see D. 159. 2. Mary married Eaton settled in Trenton (now Lamoine) Henry Higgins' widow mer. Roger Googins of Trenton (now Lamoine) 3 ZACHEUS HIGGINS LOT. The heirs of Honry Higgins, the grantee in the preceding deed, conveyed the western half of the "Cousins" 19 lot to Dean Higgins, see page . No deed, however, is found of record of the eastorn half. David Stanwood who apparently claimed title to it died without conveying. All of his heirs conveyed except Thomas born in 1793 and Humphry born in 1809. I have been unable to learn about them. They may have pre-deceased their brothers and sisters. So far as I can letrn no one has claimed any interest under them. And at this late date I feel no claim could be success- fully made. 4 8 DAVID STANWOOD AND HIS FAMILY David Stanwood son of Jacob and Martha Bradstreet Stanwood was born Aug. 22, 1772, married Eunice, daughter of Thomas and Eunice Wasgatt. She was born at Mb. Desert Feb. 2, 1777, settled at Bar Harbor. He died August 6,1818. Their children were Thomas born Feb. 7, 1793 Sally 11 May 6, 1796 married 1st Richard son of Samuel and Lydia Higgins Hadley, settled at Town Hill married 2nd Dea. John Dodge of Blue Hill, where she died. Job born Oct. 17, 1798 died Sept. 13, 1818. Deborah born June 20, 1801 married see p. 154 Roxalana " April 3, 1804 Eunice " May 2, 1807 Humphry IT Aug. 31, 1809 William W. June 1, 1812 Martha " Aug. 10, 1815 married Zacheus son of Abijah and Nancy Buckley Higgins settled at Cromwells Herbor. She was deaf and dumb.' NOTE:- The above wag taken from Eben Hamor's History of Eden. 5 9 Vol. 67, Page 178. Quitclaim Deed. Dower not released. Dated Aug. 30, 1834. Recorded June 27, 1838. William Stanwood -to- Dean Higgins. All my right title & interest in & unto a certain tract or lot of land being & lying in Eden aforesaid it being known 8£ the lot of land former- ly owned by David Stanwood of said Eden deceased and now in common with the other heirs of said deceased, containing fifty acres more or less. NOTE:- Apparently by some oral arrangement Dean Higgins accepted in place of the above the eight and a half rod strip which he conveyed to Charles Bunker (see page 241. 6 10 Vol. 127, Page 143. Quitclaim Deed. Dower not released. Dated Dec. 26, 1846. Recorded Sept. 3, 1856. Eunice Higgins, John Dodge, Sally R. Dodge, Isaac Collier and Roxalana Collier. -to- Martha Higgins. In Eden: Beginning at & stake and s tone the bounds be- tween Stephen Higgins & Henry Higgins first running North 65° West 5 rods to a pine tree; then South 15° West 347 rods to an oak stake then South 75° East 60 rods to a Cedar stump then North 15° East to the Shore then following the shore to the first mention- ed bounds, containing forty five acres more or less. Reference to be had to former deeds of said lot. NOTE: George Foster and Eunice Foster appear in the body of the deed, but they do not sign. Eunice Foster, however, released her 15 interest by separate deed, see page The interest of her husband George being only a dower right, pro- vided he survived his wife, lapsed uoon his death. 7 Vol. 127, Page 144. Quitclaim Deed. Dower released. Dated Nov. 16, 1855. Recorded Sept. 3, 1866. Deniel Rodick end Deborah Rodick -to- Martha Higgins. All our right, title & interest in and unto & certain tract or lot of land being and 1 lying in Eden aforesaid it being known as the lot of land formerly owned by David Stanwood of said Eden (now deceased) and now in common with the other heirs of said decement, con- taining fifty acres more or loss. 8 12 Vol. 114, Page 108. Quitclaim Deed. Dower not released. Dated July 15, 1861. Recorded July 23, 1861. Martha Higgins, wife -to- Town of Eden. of Zacheus Higgins 2nd Four-fifths of e. certain lot of land lying in said Eden, end bounded as follows - Beginning at a Stake end Stone at the Shore, running South 15 degrees West following Mr. Conners line three hun- dred and forty-seven rods, thence south Seventy five degrees East twenty Six rods, thence North fifteen degrees East to E. Stake & Stone, at the Shore, thence following the Shore to the first mentioned bound, containing forty six ecres, more or less - being a lot of land a part of which was deeded to the aforesaid Martha Higgins by the heirs of David Stanwood of Eden. 9 13 Vol. 127. Page 145. Quitclaim Deed Dated Oct 14, 1865, Recorded Sept. 3, 1866. Benjamin H Higgins, John McFarland and Martha Higgins, wife of Henry Knowles, Select- to Zacheus Higgins, 2nd. men of the Town of Edon. Four fifths of 8 certain undivided lot of land, lying in said Edon and bounded 88 follows: Beginning at a stake and stones at the shore running South 15° West following Wm. Conners line 347 rods; thence South 750 East 26 rods; thence North 15° East to a stake and stones at the shore; tience following the shore to the first mentioned bounds, containing 46 acros more or less in the whole lot, and is that which was deeded to the town of Eden, by the said Martha Higgins July 15, 1861. NOTE: It does not Eppear that the Selectmen, who executed this deed, were authorized to do so by vote of the town: To cure this defect a now deed was obtained, see page 34. 10 14 Vol. 131, Page 315. Warranty Deed. Dower not released. Deted August 25, 1868. Recorded Sept. 4, 1868. Eunice R. Foster -to- Henry H. Clark. A certain undivided one fifth part of a tract of land lying in the town of Eden at Bar Harbor in said Town and known &8 the Zacheus Hig- gins place, and is the same lot that Martha Higgins conveyed four fifths of to the said H. H. Clark, by her deed dated January eighteenth 1866 and recorded in Hancock Registry of Deeds. 11 15 Vol. 127, Page 146. Quitelaim Deed. Dower released. Dated Jen. 18, 1866. Recorded Sept. 3, 1366. Martha Higgins and Zacheus Higgins -to- Henry H. Clark Four fifths of a certain undivided lot of land lying in said Eden and bounded 8.8 follows, Be- ginning at & stake and stone at the shore running South 15 OWest following Mr. Conners line 347 rods, thence South 75 OWest 25 rods, thence North 15 o East to a stake and thence at the shore thence following the shore to the first mentioned bounds, containing in the whole lot 46 acres more or less and is the same lot deeded to the town of Eden by me the said Martha Higgins July 15, 1861. NOTE: The deed recites as being from Martha Higgins in hor own right and Zaccheus Higgins 2nd in right of his wife Martha. 12 16 Vol. 131, Page 314. Warranty Deed, Dower released. Dated Sept. 1, 1868. Recorded Sent. 4, 1868. Henry H. Clark -to- Charles H. Dorr and Thornton K. Lothrop In Eden: A lot of land lying in the neighborhood of Bar Herbor and known as the Zacheus Higgins lot and bounded as follows, Beginning at & Stake and Stone at the Shore, running South 15 degrees West following the Conners line three hundred and forty seven rods, the nce South seventy five degrees East twenty five rods, thence North fif- teen degrees East to a Stake and thence to the shore, then following the shore to the first mentioned bounds, containing fortysix acres more or less, said lot is to be twenty five rods wide and no more measuring South Easterly from Conner's line square across the lot, the Stake and Stones at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above bounderies include the Southern side and landing of the Cove. 13 Vol. 153, Page 268. Quitclaim Deed. Dower released. Dated July 19, 1875. Recorded Nov. 12, 1875. Thornton K. Lothrop -to- Charles H. Dorr. half One undivided/part # all that lot of land in Eden in the County of Hancock and State of Maine in the neighborhood of Ber Harbor and known as the Zacheus Higgins lot bounded as follows Beginning at & stake and stones at the shore running south 15 degrees west following the Conners line three hundred and forty seven rods; thence South seventy five degrees East twenty five rods, thence North fifteen degrees East to a stake and thence to the Shore then following the Shore to the first mentioned bounds containing forty six acres more or less, said lot is to be twenty-five rods wide and no more measuring South Easterly from Conners line square across the lot; the Stake and Stones'at which the boundary of the premises begins is situated on the Northerly shore of the Cove and the above boundaries include the southern side and landing of the Cove or however otherwise the premises may be bounded measured or described. Being the same premises conveyed to me by Henry H. Clark by deed dated Sept 1, 1868 & recorded with Hancock Deeds Vol. 131 page 314 with all the rights and easements thereto belonging. 14 DEAN HIGGINS LOT Vol. 42, Page 311. Warranty Deed. Dower not released. Dated March 11, 1822. Recorded March 19, 1822. Stephen Higgins, Anna Googins and Mary Eaton -to- Dean Higgins. In Eden: Beginning at the shore at a stake and stone former- ly the bounds between Stephen Higgins and Henry Higgins first running North sixty five degrees West five rods to a pine tree thence South fifteen degrees West three hundred and forty seven rods to an oak stake thence South seventy five degrees East thirty rods formerly to Devid Stanwood Western line thence following said Stanwood line to the shore thence following the shore to the first mentioned bounds containing fifty acres be there more or less. NOTE: The grantors herein are the two 7 children and widow of Henry Higgins, see page 15 19 Vol. 65, Page 445. Warranty Deed. Dower Released. Dated May 16, 1838 Recorded June 27, 1838. Dean Higgins -to- Ambrose Higgins. In Edon: Beginning at the shore at a stake and stone formerly the bounds between Stophen Higgins and Henry Higgins, first running north eixty five degrees West five rods to a pine tree; thence south fifteen degrees West, three hundred& forty seven rods to an oak stump: thence south seventy five degrees East, thirty reds formerly to David Stenwoods western line; thence following said Stanwood's line to the shore; thence following the shore to the first mentioned bounds, containing fifty acres more or less with the buildings thereon. Reference to former deeds of said lot. 16 Vol. 65, Page 446. Mortgage Deed. Dower not released. . Dated May 16, 1838. Recorded June 27, 1838. Ambrose Higgins -to- Dean Higgins and Eunice Higgins, his wife. In Eden: Beginning at the shore at a stake & stone, former- ly the bounds between Stephen Higgins & Henry Higgins, first running north sixty five degrees west five rods to a pine tree; thence South fifteen degrees West three hundred end forty seven rods to an oak stump; thence South seventy five degrees East, thirty rods formerly to David Stanwoods western line; thence following sain Stanwoods line to the shore; thence following the shore to the first mentioned bounds - Contains fifty acres more or less with the buildings thereon- Reference to former deeds of stia lot. After habendum appears: PROVIDED NEVERTHELESS, that if the said Ambrose Higgins his heirs, executors, Edministretors or assigns shall & do during the natural lives of the said Down Higgins & Eunice Higgins his wife, & the survivor of them provide for the maintenance of said Deen and Eunice according to their rank & condition in life, & more particularly according to a 17 21 Vol. 65, Page 446. 2- certain bond, being the one hereafter mentioned, and perform the same, then this Deed & also said certain bond bearing even lete with these presents, given by the said Ambrose Higgins to provide maintenance aforesaid during the natural lives of the suid Deen & Eunice shall be voiu, otherwise shall remain in full force. NOTE: The boni reforred to does not uppear of record. The conditions were apparently not fulfilled for Dean Higgins afterward conveyed the same property to herles Bunker for the purpose of securing "maintenance" for himself and his wife during the remainder of their lives. See 24-125-126 pages 18 22 Vol. E1, Page 3. Quitclaim Deed. Dower not released. Dated July E, 1843. Recorded Oct. 5, 1346. Phebe Higgins Widow of Ambrose Higgins -to- Dean Higgins. All my right, title & interest in and to a certain lot of land on which tho said Deone Higgins now resides and the 3ame lot as conveyed by my late husband by mortgage deed dated May 16th, A.D.1838 & recorded in Hancock Registry, Book 65, Page 446. Beginning at the Shore at a Stake and Stone, formerly the bounds between Stephen Higgins and Henry Higgins, first running North sixty five degrees West five rods to a Pine tree, thenoe South fifteen degrees West, three hundred and forty seven rods to an Oek Stump: thence South seventy five degrees East, thirty rods formerly to Dovid Stanwood's wasterly line; thence following said Stenwood's line to the Shore: thence following the Shore to the first mentioned bounds:- containing fifty acros more e or less with the buildings thereon - Reference to former Deeds of stil lot. 19 23 Vol. 80, Page 347, Warranty Deed. Dower relessed. Dated October 20, 1846. Recorded Dec. 31, 1846. Deen Higgins -to- Charles Bunker. A certain tract or parcel of land lying in Eden aforesaid, and bounded and described as follows in the original deed of said lot recorded in the Registry of Deeds, Book 42, Page 311, "Beginning at the shore at a stake & stone-formerly the bounde between Stephen Higgins and Henry Higgins first running North sixty five degrees west five rods to E pine tree; thence South fifteen degrees West three hundred & forty seven rode to an oak stump; thence South seventy five degrees East thirty roas former- ly to Devid Stenwoods western line; thence following said Stanwood's lina to the shore; thence following the shore to the first mentioned bounds - containing fifty acres more or less, with the buildings therson." Also another piece of land lying on the Eastern side of the above named lot, and adjoining the samo, eight & a helf rods in width extending from the shore to the head of the lots. NOTE: Apparently, by some oral arrangement Dein Higgins accepted for his interest in the Stanwood lot, 10 acquired of William Stenwood, Page the eight and a half rod strip above described. 20 22 d Vol. 113, Page 125. Warranty Deod. Dower not released. Dated March 19, 1861. Recorded May 13, 1861. Lydia C. Bunker -to- John Conners In Eden: Beginning at the Shore at a Stake and Stone thence North sixty five dearees vest five rois to E pine tree thence So fifteen degrees West three hundred and forty rods to an Oak stump thence South Seventy five deg East thirty rois to what Was formerly David Stanwoods western line thence following said Stanwoods line to the Shore to the first mentioned bounde containing fifty acres more or less also another piece 01 lang lying on the Eastemside of the above named lot and adjoining the Same Eight and a half rois in woddh extending from the Shore to the head of the lots. NOTE: After the covenants appears the following: Except the lot 8 1/2 rods wide adjoining the first mentioned lot against the heirs of David Stanwood. The 81 rod strip is therefore excepted from the covenants of warrenty. The deed ourports to be from Lydia C Bunker, it is signed however Lydia C. Mills, the ecknowledgment is "Lydia C. Bunker originally, now lydia C. Mills." 25 21 Vol. 131, Page 263. Warranty Deed. Dower not released Dated July 7, 1868. Recorded Aug. 10. 1868. Lydia C. Mills. -to- John Conners, In Eden: Beginning at the Shore at a Popple stone beach on the North side of what is termed Deen Higgins Cove at & Stake and Stone thence running North sixty five iegrees West five cods to Wm. Douglass lend, Thence South fifteen degrees West by said Douglass land three hundred and forty rods to an Oak stump thence South seventy five degrees East thirty rods to what was for- merly called David Stenwood's estern line thence fol- lowing said Stanwood's line to the Shors to E Cedar Stake thence following the Shore in a Northerly direc- tion to the first mentioned bound Containing Fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot end : joining the same Eight and & half rods in width ex- tonding from the Shore to the head of the Lot. NOTE: After the covenents appears the following: Except the lot of 81/2 rods wide adjoining the first mentioned lot in favor of the heirs of David Stanwood. The rod strip is therefore excepted from the covenants of warranty. The deed purports to be from Lylia C. Bunker, it is signed however Lydia C. Mills, the acknowledgment is "Lydia C. Bunker originally, now Lydia C. Mills." 22 2.6 Vol. 131, Page 282. Warranty Deed. Dower released. Dated Aug. 13, 1868. Recorded Aug. 17, 1868. John Conners -to- Mary H Mahan, wife of Dennis H. Mahan. In Eden: Beginning at a Stone at a Cobble Stone beach on the North side of what is termed Dean Higgins Cove at E Stake End Stone; thence running North 55° West five rois to William Douglass' land thence South 159 West by said Douglass land three hundred and forty rods to an Oak stump; thence South 75 East thirty rods to what was for- merly called Devid Stanwood's Western line: thence fol- lowing said Stanwood's line to the Shore to a cedar Stake; thence following the Shore in a Northerly direction to the first mentioned bound containing fifty acres more or less. Also enother piece of land lying on the Eastern side of the above named lot and adjoining the same eight and a half rods in width, extending from the shore to the head of the lot, with all the buildings. on the above described premises being the same conveyed to me by deed of Lydia C. Mills, dated July 7th A. D. 1868, and ro- corded in Hancock Registry Vol. 131, Page 263. 27 23 Vol. 143, Page 81, Warranty Deed. Dower not released. Dated June 15, 1872. Recorded June 24, 1872. M.H.Mahan widow of Dennis -to- Charles H. Dorr, H. Mehan In Edon: Beginning at a stone at E cobble stone beech on the North side of what is termed Dean Higgins Cove, at a stake and stone, thence running norty sixt.7 five degrees (65°) West five rods to William Douglase' land, thence South fifteen degrees (15°) West by said Donglass' land three hundred and forty rods to an oak stump, thenco South seventy five degrees (75°) East thirty rods to what was formerly called David Stanwood's Western line thence following said Stanwood's line to the shore to e codar stake thence fol- lowing the shore in a Northerly direction to the first mentioned bound, containing Fifty acres more or less. Also another piece of land lying on the Eastern side of the above named lot and adjoining the same eight and a half rods in width extending from the shore to the head of the lot, with all the buildings on the above described premises. 28 24 Charles H. Dorr died prior to May 1893, and by his will dated July 11, 1891 and probated in Hancock County, Maine, at the May term 1893 and recorded in Vol. 85, Page 160 of the Probate records for said Hancock County, de- vised all his property to his wife Mary G. Dorr. The will is also recorded in the Registry or Deeds in Vol. 272, Page 15. 241/2012 29 Will of Charles H. Dorr I, Charles Hazen Dorr of Boston Massachusetts do make and publish the following as and for my last will and testement hereby revoking ell wille by me at any time here- - tofore made, intending to dispose of all my property real personal and mixed wherever situate, and to exercise Ell powers of appointment which I may under any will settlement or otherwise possess. First. I direct all my just debts and all proper charges against my estate to he fir:t paid. Second. I give to my wife Mary Gray Dorr surviving me all my property real personal or mixed including all that I have at my decease any interest in elaim to 05 power over:- should she not survive me, then to my son George Bucknam Dorr should he survive his mother and myself. Should neither my wife 0.0 son survive me I give the same after payment of such legscies as I may hereafter by codicil bequeath to Form F charitable trust fund the income to be applied from time to time to such charitable purposes 88 my trustees may deem most for the benefit of the people of the New England States and especially of Boston it bein my wish that it should be used to stimulate and aid such movements 88 shall in the opinion of my trustees tend to make the general life of the people more vigorous 25 30 and healthful mentally morally or physically without being in their character specifically religions or political. It is also my wish that the said income should not be used for the Elleviation of already existing evils that have re- sultea Iron unwholesome conditions of life among the people 8.6 in the support of hospitals so called and similar inati- tutions but shall be rather used to aid in altering those conditions to others of ° more healthful character. Nor do I wish either that this income should be spent in advencing the cause of a higher education by giving aid to universities and similar institutions but rather in the development of E sound and practical education for working men and women End in giving aia to any wisely conceived movements for widening their interests developing their powers OI mind or body, cultivating their tastes enlarging their opportunities for wholesome pleasure ana giving a healthful and invigorating environment to their lives. It is my intention by conicil to express my wishes more fully, but if I should not do so I believe that the above directions will suffice. Third. I appoint Charles P. Bowditch of Boston first Trustoo of said Trust and request that by writing in his lifetime, if he see fit or by will, ne associate with himself or appoint such persons &8 no 8008 fit to con- stitute E perpetual Board of Trustees to carry on the 26 3 trust with power to till vacancies and give to suid Bowditch 80 long 88 no see fit to remain sole trustee and to the Board after ne shell have once constituted it, or should it fail to 08 constituted to such Trustees as the Court may appoint full power of management inclu- ding power to lesse or let for long or short terms and for improvement or otherwise and with or without option of purchase, to change real to personal or vice versa to sel 1 real or personal estata at any time forming part of the fund 80 public or private sale and convey free of all trust and without liability to see to application of purchase money, and in general all the powers of an absolute owner, End I desire that no bonds or sureties or surety be required or any trustoes he rounder and said trustees may delegate their power by power 01 attorney for not over six months at & time and the acts of & majority shall DO 88 velid is though joined in by all. Fourth. I appoint said Charles P. Bowditch sole executor of this will and request that no sureties or surety be required on his bond and I give to my said executor and to any anministretor of my estate with this will annexed rull power to sell ny real or personal estate I may leave at public of private sale or to dispose by gift of Eny part of it that he may see fit, at any time whatever siter my decease 27 32 if deemed expedient for change of investment Or otherwise the proceeds if there are any to be assets of my estate and to convey accordingly free of all trusts and without liability on part of any purchaser to see to application of purchase money. Notwithstanding anything hereinbefore contained I give ell my personal effects, upparel. furniture, orna- nents, works of art, books, plate, linen, supplies &11 articles of personal 03' householl use or ornsment live stock and like like to ssid Charles P Bowditch free of ell trust. In witness whereof I hereto set my hind and 3eal this eleva th dey of July in the year eighteen hundred end nine- ty-one. Charles H. Dorr (Seal) Signed, sealed and published by said testator EE and for his last. vill and tostamont in our preserce who in his presence and the presence of each other have at his request hereto set our hands 28 witnesses. Francis V. Belch Charles S. Rackemenn Felix Rackemann. 28 33 vol. 325, Page 252 Quit-Claim Deed Dated May 27, 1898 Recorded June 10. 1898. Inhabitants of the Town of Eden to Mary G. Dorr Four-fifths undivided of a certain lot of land lying in said Eden, bounded as follows:- Beginning at & stake and stones at the shore; thence running South fifteen degrees West following land formerly of William Conners three hundred and forty-seven rods: thenca South Saventy-five degrees East twenty-six rods; thence North fifteen degrees East to & Stake End stones at the shore; thence following the shore to the first montioned bound, containing forty-six acres more or less in the whole. Being the same land described in & certain deed fromthe Municipal Officers of said Eden to Martha Higgins dated October 14th, 1865 and recorded September 3rd, 1866 in the Hancock County Maine Registry of Deeds, Vol. 127, Page 145. The intent of this deed being to ratify and confirm said former deed to the said Mery G. Dorr, who has accuired title to the same under said Martha Higgins. NOTE: This deed was executed by John E. Bunker, Jr H. E. Wakefield and L. A. Austin, wilo were in the body of the deed recited to be the municipal officers of said town End authorized by a vote of said town, at E meeting held on the 26th day of May 1898. 34 29 Vol. 377, Page 167 Abstract of Will of Mary G. Dorr Dated May 28, 1902 Recorded May 28, 1902 Will dated Apr. 20, 1897 will allowed May 6. 1902. First: If my son George Bucknam Dorr survive me, I devise End bequeath to him all my estate. real and personal and I appoint to him all property over which I may have any power of testamentary appointment. 30 35 Vol. 454, Page 547. Warranty Deed dated Oct. 12, 1907. Recorded Oct. 30, 1908. Goorge 3. Dorr -10- Matilda C. Markon. In Bar Harbor. Beginning at the junction of the division line between land of the said Grantor end land of the said Grantee harein. with the northeasiern side of the Sohooner Head Road, so-called; thenco North thirty two degrees and ten minutes Wast (I. 32° 10' W.) out everywhere following said Schooner Head Road seven hundred (700) feet, more or less to the junction of said Schooner Head Road with the private way established and the boundaries of which fully set forth in ii certain indenture between the parties hereio, beering even date herewith (The Mount Dosert Nurseries, a corporation, being also a party to said indenture); thence by the following three courses, but everywhere following the center line of said private way, to wit, first, South Seventy-three degrees East (s. 730 E.) four hundred and twenty-one (421) foot; thenue South eighty-two degrees and thirty minutes East (S. 82° -30° E.) sixty-three (63) feet; thence North eighty-nine degrees a nd thirty minutes East (N. 89°-30' E.) sixty-eight (68) feet to the division line between land owned by the Grantos and land owned by the Grantee herein; thence South twenty-one degrees and fifteen minutes West (s. 21° -15' W.) but everywhere following sail division line four hundred and sixty-five (465) feet 36 b 454-547 2- more or less to the place of beginning, containing three acros, MOIC or less. Being E: parcel of land marked "Lot F. " upon a certain plan made by E. 55. Hill, C.E., and entitled "Man of Property Belonging to Mrs. John Markoe and George B. Dorr, Bar Harbor, Hencock County, Maine, 1907," which plan is to be recorded herewith in the Hancock County, Weine, Registry of Deeds, Book of Plans. Two atrips of land being parts and parcels of said Lot F7 are hereby conveyed expressly subject to the fol- lowing restrictions, not conditions subsequent, to wit: First:- That no building or other structure of any part thereof shall ever be erected or maintained there- on, or upon any part of the same, Second:- That no poles or wires for electrical or other service cerried on or above ground and no water pipes or other pipes on or above the surface of the ground shall ever be leid or maintained thereon, or upon any purt thereof. Third:- That no yerds or enclosures, such EE yaris for animals or poultry, stable yerds, laundry yerds or yards for storage, shall ever be maintained upon Eny part thereof. Sourth:- That no menure or garbage heaps, garden or other refuse or any other obvious sou ce of disfigurement or amogence to either sight or smell, shall ever be deposited upon any part thereof. 3) Vol. 454-547- 3- - The object and purpose of the above restrictions is to preserve the beauty of the road sides and the pleasant- ness of the roads to thoso abutting on OI using them. The strips of lanu hereby doeveyed subject to the above restric- tions are described as follows:- 1st:- is strip of land fifty feet wide in every part bounded Northerly by the Southern side line 01 said private way; Easterly by Lot E., as shown upon said plan; southerly by E. line parallel with the Southern sids. of said private way and everywhere fifty feet distant therefrom; and Westerly by said Schooner Head Road. End:- A strip or land fifty feet wide in every part bounded Southwesterly by the Northeastern side of said Schooner Head Goad; Northwesterly by the strip of land next hereinabove described as restricted; Northeasterly by E line parallel with the Northeastern side of said Schooner Head Road end everywhere fifty feet distant therefrom; and Southeasterly by Lot E 2.8 shown upon sain plan. The Grentee herein, for herself and her Heirs by acceptance of this dead covenants End agrees with the Grantor herein, his Heirs and Assigns that no part of said strips of land fifty feet, wide, next hereinabove described, shell ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shal 1 run with the land and be binding upon the Grentee and all future 38 454-547 4- owners and tenants thereof in favor of the Grantor, his Heirs and Assigns and all future ov ners and tanents of Mis estate known as "018 Ferm" and all parts thereof, and ell future ownera and tenants of the lots of land conveyed by the Grentao herein to the Grentor herein BY deed Dearing even data herewith. But neither said Grantse herein nor her Hoirs 0 7 arv future owner or tenant of said restrictei stripe of land or any part thereof shell be personally liable for any violation of said restrictions by her or their Grentees or Lessees. And I, the said George B. Dorry for the consideration aforesaid do hereby impose similar restrictions upon two strips of lend beingpart and parcel of my estate known 28"01₫ Farm" said strips of land being bounded and described as follows :- First:- A strip or land bounded Northcasterly by the Southeentorn side of said Schooner Head Road; Southerly by land of the Grantee herein; Southwesterly by a line parallel with the Southwestern side 07 said Schooner Head Road and everywhere fifty feet distant therefrom; Northerly by to line parallel to the Southorn boundary line above described, SO arawn that a production thereof will intersect the Northeastern side line of T10 Schooner Hell Road at a point fifty (50) feet Southerly troin the junction of sail Northeastern side line with the Southern line of said privato way. Second:- A strin of land bounded Southerly by the Northern sgide of said privi te way; Easterly by the Westorn line 39 454-547 5- of Lot C. 85 shown upon said plan; Northerly by line parallel with the Northern line of said private way and everywhere fifty feet distant therefrom; and Westerly by said Schooner Head Road And the said Grantor herein, for himself and his Heirs, hereby covenents and agrees with the said Grantos nerein. her Heirs and Absigns, that no part of said strips 07 land flft, feet wide next hereinabove described shall ever be used for any purpose prohibited by the rastrictions above sat forth. It is &greed that said restrictions shall run with the land and be binding upon said Grantor and all future owners and tenants thereof, in favor of sai Grantes, her Heirs and Assigns and all future owners and tenants of the lot of land hersin lescribed B.S. conveyed, and ell future owners and tenents of land of said Grantee lying Southerly and Basterly 0% said "01₫ Farm" or eny part thoreof. But, neither the said Grantos herein nor his Heirs, nor any future owner of said stripe OF land or any part there- of shall be personally liable for any violation It said restrictions by his or their Grantees or Lessees. Said ways and restrictions are expressly excepted from the operation of the covenants hereinafter contained. 40 Tol. 556, Page 100. Quit Claim Deed. Dated Oct. 6, 1920. Recorded Oct. 12, 1920. Matilda C. Markoe -to- Hancock County Trustees of Public Reservations. All my right, title and interest in and to a certain lot Or parcel of land situated at Ber Harbor afore- said, bounded and described 88 follows, to wit:- Beginning in the esstorn line of the Schooner Head Road at the junction of said gastern line with the center line of a private way established, and the bounderies of which are fully set forth in E certain Indeature between the par- ties heroto and the Mount Desert Nurseries, said Indenture being dated October 12, A.D.1907 and recorded in the Regis- try of Deeds in Book 454, Page 537; thance in en easterly ind northeasterly direction, but everywhere following the center line of said private way established as aforesaid, to the southern line of land formerly of Theodore Chase at which point said private may forms E function with the way known as the Old Right of Way Road, said 013 hight of Way Road being marked at this point by stone obsts set in the ground in the west and east lines thereof, said stone posts being in the south line of said land formerly of Chase: thence south four degrees and thirty minutes west, but everywhere following the center line of said 01 i Right of Way Road four hundred and ai ghty feet; thence south two degrees and thirty minutes east, still everywhere following the center line of said Old Right of Way Road five hundred 556-100 2- and seventy-two feet to a stone post get in the ground in the northern line of land of Newbold; therce south sixty-five degrees and thirty minutes west, but everywhere following said northern line of land of Newbold eight hundred feet, more or less, to the said eastern line of said Schooner Head Road; thence by said Schooner deal Road, in a northerly direction, ten hundred and seventy-tive feet, more or less, to the point of beginning. Boing 2. pl. reel of land marked D, E and F upon 4 certain plan made by E. W. Hill, Civil Engineer. and entitled Map of property belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Mile, 1907," which plan is recorded in said Registry of Deeds in Plan Book 5, Page E7. The consideration for this dead is 1083 than one hundred dollars. 64 Blue LOT E. The following is the ohain of title to Lot and referred to on the title pe po from the ownership of Bartholemy and Maria Theresa DeGrepoire to the ownership of Hatilda C. Markoer Hancock County Tructures of Public Reservation Bartholomey and Maria Theresa DeGregoire gave to Henry Jackson E warranty deed, being one undivided moiety of Mount Desert Island. The deed WES dated August 4, 1792, and recorded in Volume 1, Page 518. The island WES par- titioned by Commissioners appointed by the Suprome Judicial Court in Massachusette whose report wae confirmed in 1794 and is found in Volume 2, Page 487. This per- tition gave the DeGrogoires the esstern half of the island which included the locus. denry Jackson conveyed the same property to William Bingham of Philadelphia, by warranty desi. dated July 9, 1796, and recorded in Volume 4, Page 74. William Bingham by his will dated January 30, 1804, and proved in this county February 27, 1810, and recorded in the Probate Records Volume 5, Page 365, devised all his American property to five trustees, in trust, two-fiftha for his son and three-fifths for his two daughters. By the terms of his will, the trust torminate prior to 1850 and the property became vosted absolutely in the son and tie hoirs of the daughters in the proportions above stated. For the more convenient management of the estate, the propetty WES again out in the hands 01 trustees, Joseph Reed Ingersoll, then United States Minister to Great Britain, and John Craig Miller of Philadelphia, being selected as truetees. 42 The trust under which these trustees claimed title WEE crasted by the following conveyences: deed dated December 17, 1851 and recorded in Book 98, Page 144; deed Astei June 21, 1849 and recorded in Book 166, Page 302; dead dated July 18, 1853 and recorded in Volume 98, Page 150; will dated June 11, 1855 end recorded in the Probate Records Volume 52, Page 156; deed dated April 11, 1861, and recorded in Volume 143, Page 343; deed dated August 12, 1862 and recorted in Volume 143, Page 346. The said trustoes were given the fullest powere to sell and convey and make and execute deeds of EN, or all of the property and their grantees are absolved from all responsi- bility ES to the application of the proceeds. It was further provided that the surviving trustee shell have power to fill any vacancy caused by death, or otherwise. There is another clause in these trust deeds providing that the cestuis que trust MEY revoke or annul the trust at :ny time by an instrument in writing executed in the manner described in the trust deed. The court of last resort in this state has decided that the Bingham trust is not violativa of the rule against per- petuities End that the titles derived under it are clear 80 far 28 this objection is concerned; 800 Pulitzer VE. Living- ston, 89 Mine Report Page 359. 43 In 1367 Mr. John Craig Miller having deceased, William Bingham Clymer was appointed to fill the vacancy and conveyences were made and executed vesting the property in Messrs, Ingersoll and Clymer. See deeds dated December 4, 1867, and December 12, 1867, and recorded August 26, 1868 and June 30, 1894, in Vol. 132, Pages 49 & 52, and Vol. 282, Pales 28 & 35. In 1868 Joseph Reed Ingersoll having deceased, Charles Willing WES appointed trustee to fill the vacuncy and conveyances were executed vesting the property in Messes. Clymer and Willing as trustees See deeds dated April 22,.1868, and recorded August 28, 1868, in Vol. 132, Pages 56, 60, 64 and 69. In 1873 William Bingham Clymer having deceased, Chapman Biddle was appointed to fill the vacancy, and conveyences were meda and executed vesting the title in Mossrs. Willing and Biddle as trustees, See deeds dated August 11th, 1873, and recorded Aug. 25th, and 27th, 1879, in Vol. 167. Pages 18, 25,39 & 46. 44 CHAIN OF TITLE. The deeds in this group bring the title to the fee of the land, not including easerenta and ri phts, from the (Hic, T. of P.B. Trustoes of the Bingham Estate down to Hatilde C Harkee Mrs. Marketie title to the easements and rights is set forth in later pages. It appears from this group of deeds that the Trust- ees of the Bingham Estate in 1880 (pare 46, C onveyed to Matilda C. Markoe a tract containing more than eighty- seven acres which includes Lots Land E, and also the Newbold Lot on the south of it, the Chase Lot on the Lot R and north of it and the Leeds Lot on the east. stu- In 1881 this land seems to have been sold for tax- es ( page 48, but in 1883 8 conveyances was made to Mrs. 49 Markoe bringing the tax title back to her ( Dage ). . 45 Vol. 174, Page 100. Quitclaim deed. Dated May 4, 1880. Recorded May 24, 1880. Charlee Willing and Chepman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder deceased -to- Metilda C. Markoe. Beginning neer the mouth of Beur Brook at & point on the sea between Bar Herbor and Schooner Head at an iron bolt in the ledge at low water mark and running thance sours fifty-six and three-fourthe degrees West scroés the beach to at stake on the top of the besch, which stake bears South thirty-five End a half degrees East from a spruce tree on the top of the beach and is distant two rods and sixteen links from scid spruce tree (these courses and all the courses here- in givon 02 described being from the magnetic meridian): thence from seid stake North seventy-nine degrees West to the centre line of said Beer Brook; thance in a general Wester- ly direction for one hundred and fifteen rods and thirteen links from the said stake on the too of said be can up the middle of said Be r Brook where there is only one ch nnel of said Brook, but where there are more than two channels of seii Brook up and through the midale line of the middle channel of said Brook, and where there are only two channels II stid Brook, then through the middle of the Island formed by the said two channels to a stake in the centre of a small Island on the East line 0£ land of Charles H. Dorr; 4.6 174-100 2- thence on said East line of said land of said Dorn, North nineteen degrees East one hundred and twelve rods to a stake end stones on the South line of land of Lucy Ellis; thence on said South line of said land of said Lucy Ellis North eighty-five degrees Eact, eighty-nine rode and six- teen links to the sea; thance by the sea in E general Southerl7 direction one hundred and fifty-oce rods and twonty-two links tc the said iron bolt at low water mark at the place 01 beginning, and containing eighty-seven (87) weres and one hundred and fourteen and three-tenths square rods, and being always hereinafter meant ana intenied by the words "gaid purcel of land" wherever seid words are herein used. De said messurements of said d patents more of less. 47 Vol. 190, Page 115. Tax deed. Dated Dec. 22, 1881. Recorded Oct. 4, 1883. Eben M. Hemor -to- George S. Hale. This lot was assessed in the sum of tairty- two dollars and n.) cents, to C. Willing End C. Biddle, Trustees of Markoo lot E.E E nor-resident owner OI real estate. A certain parcel of resl estate in said town described 0.8 follows, to wit:- Situated at Bear Brook between Cronwells Harbor and Schooner Held in said Town of Elden and contains eighty-eight acres. 48. Vol. 190, Page 227, Dower released. Detod Oct. 16, 1883. Recorded Oct. 23, 1883. Geo. S. Hele -to- Matilde Markoe. is certain lot or parcel of land situated in the Town of Eden, County 01 Hancook and State of Maine, and being the same premises described in at Gertain deed deted December 22, 1881, and recorded in the Registry of Deeds for said County of Hancock in Vol. 190, Folio 115 to which deed and said record thereof reference is hereby expressly made for 8 more particular descrip- tion of the premises herein conveyed. 49 Vol 556 Page 100 2uit claim Deed Dated Oct 6 1920 Recarded Oct 12, 1920 Matilda C Markoe to Hancock Country Inster of Public Reservations By this deed Mrs. Markse armys not only lot E. fat lot F. as well f for a full description see Page C APPURERMANT RASEMENTS. 1. OLD POST ROAD 2. STOUGHTON ROAD 3. DORR ROAD 4 Restrictions when other land for benefit offers OLD POST ROAD. OLD POST ROAD. This name is applied in one of the early deeds to the WEY beginning at the Schooner Read Road and running southeasterly to the northeast corner of the locus; thence southerly, forming the eastern boundary line of the locus, and thence southerly and southwesterly to the Schooner He ad Road nose Beer Brook This is naid to be an old road which WES in use before it was described or montioned in eny deed. The northern and of this way crosses land of Dorr. This part of the way was in 1878 laid out as E private way by the selectmen of the town and in 1879 released by the Bingham trustees. We have not considered whether this laying out and release were or were DOL valid masmuch as the way &S now used was subsequently established by deed. In 1879 Cherles ii. Dorr granted to the Trustees of the Bingham Estate, then owning the Issuy, and also to Lucy Ellie, who owned land north of the Markoe lot, as un apourtenant way, a right of way 807058 his land to the Schooner He 4 Road, (page 70 ! By this deed Mr. Dorr reserved the right to change the location of the way. In 1880 rights in this way were Ecquired by Mrs. Markoe (page 79 ) . In 1890 Matilda C. Markoe released her rights under said deed from Dorr (page 92 ) end received from Mr. Dorr a grant of E new way. Page 887 65 The next section of the so-called Old Post Road crosses land formerly of Lucy Ellis. This was first established in 1877 by deed from the Trustees of the Bingham Estate in their conveyance of the land to Mrs. Ellis (page ). In 1879 a change was made by deeds between Mrs. Ellis and the Trustees of the Bingham Estate (then owning the locus) ( pages and 781. In 1880 rights in this way were acquired by Mrs. Markoe (page 79). . In 1883 & further change was made by indenture be treen 81 Mrs. Ellis and l'atilda C. Markoe (page ). . Following the way southerly the next section crosses land of Chase and forms the eastorn boundary of the locus and in part the northern boundary of land of Mrs. Newbold, until it makes a junction with the Schooner Head Road near Bear Brook. This section of the way was first established by the Good from Trustees of the Bingham Estate to Lucy Ellis in 1877 ( page ). included in the deed to Mrs. Markoe 68, (page 79 ) and was defined in said indenture between Lucy Ellis and Matilda C. Markoe in 1883 (page ). The part of it crossing the Chase Lot was reserved in the deed of the Chase Lot from Mrs. Markoe to Mrs. Stoughton in 1885 100 ( page ) and the part of it which crosses the Newbold lot was reserved in the deed from Mrs. Markoe to Mrs. Newhold in 1904 ( page 97, 66 Rights over this road were granted b.7 Mrs. Markoe to Mrs. Newbold ( page 97). 67 Vol. 156, Page 443. Quitclaim Deed. Dated Feb. 5, 1877. Recorded Feb. 17, 1877. Charles Willing and Chapmen Biddle, Trustees of the Estate waich was formerly of William Binghan the eller deceased -to- Lucy Ellis. General description: A treet of land next north of land conveyed by the Bridgham Estato to Mrs. Markos in 1880 (Book 174, Page 100) and lying between land of Dorr and the sea. "And do also give, grent, bargain, sell and convey to said Lucy Ellin and her heirs and assigns as appurtenant to the said parcel of land hereby conveyed, E right of way two roits wide fox animals, vehicles and on foot and for all purposes from said parcol of land Southerly and Westerly and to the same Easterly and Northerly over and through the land of the grantors to and from the highway from Bar Harbor to Schooner Head in asid town of Eden by the essiest fessible route to be locatedwhenever the grantors or their heirs or assigns or the grantee and her heira and assigns shall agree or if they do not agree, whenever the County Com- missioners of said County of Hancock shall determine. But reserving our of said parcel of land hereby conveyed as appurtenant to land of said Grantors South of said parcel of land & right of wey two rods wide for animals vehicles and on foot and for all purposes to and from such a way as shall first be laid out from said percel of land to the nighway 68 156-443 2- leading to Bar Harbor from the Southern boundary of said parcel of land beginning at the Eastern base of the hill near the Western boundary line of said parcel of land; thence around the foot of the hill Northerly and Westerly and to said boundary Easterly and Southerly around said foot to said base to be located when the grantses shall prefer, but not more then thirty role from the Southwest corner of said percol of land. leg Vol. 169, Page 229. Quitclaim deed. Dower released. dated Nov. 29, 1879. Recorded Jan. 24, 1880. Charles H. Dorr -to- Lucy Ellis and Charles Willing end Chaoman Biddle, Trustees of the Egtate which was formerly of William Bingham. the elder deceased. An't to all others for the time being owners or rightful occupants of all or any part of a cortain parcel of land, now of said Lucy Ellis, situate in Eden, Hancock County, end State of Maine: Bounded North and East by the see; South by land of the Bingham Estata and West by land of said Dorr, forever; as appurtenant to all and every part of her sold parcel of land. and unto the said Charles Willing and Chapman Biddle and their heirs and essigns, and their successors in said Trust and their Heirs and assigns end to all others for the time being owners or rightful occurants of all or any now part of 8 certein parcel of land/of said Trustees situate in seid Elen. bounded North by land of said Lucy Ellis, East by the sea, South by Bear Brook and west by land of seil Dorr, forever, as appurtenant to all and every part of their said parcel of land last harein mentioned a right of way over and across the land of said Dorr to and from the highway known and called the Schooner Head Road. Such way hereby granted being particularly located and described as follows:- that is to say: 70 169-229 2- Beginning on the east side of said highway called the Schooner Head Road at the Southwest corner of a cottage of said Jorr and thence running following the avenue of said Dorr as now built first South 74° East eight and three-fourths rods to the west line of the "Sherman Lot" so-celled; thence South 412 o East, five rods; thence South 51°East five rods; thence South 6210 East two rods; thence wouth 70.20 East tive rods; thence South 541° East nine and three-fifths rods to the West line of land of stid Dorr, which line is the East line of the said "Sherman lot"; thence South 671° East three rods; thence South 55.2°East five rods; thance South 481/2014 Lest ten code; thence South botheast (diverging from the main avenue of said Dorr) four rods to a stake; thence South 263° East twelve rods: thence South 4619 East siz and three fourths*rode; thence South 29° East three rods: /- nence South East four rods and seven links; thence South 501 ° East four rods and seventeen links; thence South 541° East four rods; thence South fifty-eight and one-half degrees East two rods; thence South 831° East two rods; thence North 81° East two rods; thence North 7110 East two rods to the point of a ledge;thense South 891° East two rods: thence South 7320 East two roda to a stake, the said way from the place of beginning to this last nerein mentioned stake, to be twenty feet wide; thence South 531° East one rod to a stake on the West line of said land of said Lucy Ellis 169-229 3- the said WEY at this place to be thirty feet wide. The line hereinabove described by its several courses, distaness end monuments from said Schooner Head Road to the said West line of land of said Lucy Ellis to be the centre line of the way hereby granted. The courses hereinbefore nemad are the savaral courses but there are courses between the points hereinbefore given and said way is a curving way, running through said points hareinbafore named. For fur- the indiontifcetion of said way hereby grented reference may be had to a plan of said way made by R M Hanor, Sur- veyor, from his survey of the same made September 13th, .D. 1873, gait plen being dated Sopi 15, 1879, Marked "All and eigned by said E. M Hamon and herowith to be recorded, the way heraby granted being marked on said plan in red ink which said way hereby granted shall be hell nd enjoyed by the chil Lovey illis and nec heirs and assigns, end all anid owners for the time being of her sil parcol of land as appurtenant to Ell and every part DI herseid parcel 0 £ land, that is to say, the percel first hereinbefore described forever, and by the SEIL Charles Willing and Chapmen Bitdle, Trustees 08 aforessid, their seid successors, heirs ana ES igns and =11 said other owners, for the time boing of their said parcel of land as appurtenant to ell and every pari of their said pareel of lan?, that is to 88.7 of the parcel secondly hereinbefore mentioned and described 72 169-229 4- forever, to the full extent and with the same rights thereto as if the said way had been duly and lagally lai our anu established as a private WEJ for and to and from suit careels of land, to and from said highway celled the Schooner Head Road by the proper officers and authorities under the Statutes of the State of Meine, the way hereby granted being a substitute for End instead of a way hereto- fore 20 laid out End established and which is hereby excepting and reserving to each and all of 2815 grentees her, his and their said successors, heire and Basigna ell and whatever is hereby to her, him or them granted hereby surrendered to BRiE Dorr hie hoirs and sesigns, in consideration of the conveyence hereby of the way hereby get nted." Reserving however to ssid Dorr and his Hoirs and Aesigns the right to change, except as hereinafter excepted. the location and direction of the Wey hereby grented to some other suitable location End direction, substantially as good and convenient for those who are to enjoy and use the same & E said way so surrendered and whenever such change is made said Dorr hereby agrees for himself and his Heirs, Executors, Administrstors and Assigns with each and all of said grantees herein named and 91 nor, his End their executors and administrators, sail successors, heirs and E.S igns that he, the said Dorr and his Heirs and Assigns will make to each and ell of said grantore herein named and to her 73 169-229 5 his End their said successors, heirs and assigns then owning all or any part now owned by said grantee or grantees of said purcel of land now 01 said Luc. Ellie hareinbefore described or of said parcel of land now of seid Trustees hereinbefore described a new conveyence similar to these presents of such so changed way in fee simple to be held and enjoyed the came, and in end to all respects and intents whatsoever 8E this way hereby granted is or is to be under this con- veyence and thereupon each and all of the said granteor and of her, his and their said successors, heirs and assigns skell have the further 123.9 of the way hereby colvyed for the term of three months from the date of such new conveyance, after which they shall have no further rights therein ith the exceptions hereinafter named but instead thereof shall have hold and enjoy the said 20 changed wey so to be con- veyed to har, him or them EE aforesail in lieu thereof; In case of disagreement BE is the suitableness of any proposed location and direction of said so changed way, the Skine shell be determined by the County Commissioners of the County of dancock for the time then being, but no change shull DO mate in the termination of the way hereby granted at the said West line of said land of said Incy Ellis nor in the said way itself for a distance of ten rods Egsterly of said line, End any new location of or change of direction in the fast of said way 74 169-229 6- shall be so made as to connect conveniently with such part or. parts of said way as cannot or shall not be changed under and in accordance with the right of change hereinbefore re- served to seid worr and his Heirs and assigns and ell the rights, titles, interests, and ease hereby granted in, to upon or over said part or parts, as hereby excepted and res served to and for each and all of said grantee or grantees herein named of said rights, titles, interests and 8888- men te and to end for his, her and their said successors, heirs and assigns. The use by said Dorr or his Heirs or Assigns of the wey hereby granted is not abridged by this conveyence. 75 Vol. 169, Page 236. Quitclaim deed. Dower not released. Dated Nov. 29, 1879. Recorded January 24, 1880. Lucy Ellis -to- Charles Willing and Chapman Biddle, Trustees of the Estate which WLS formerly or William Bingham the eller deceased. Grant of way to Willing and Biddle. Trustees, as owners of the land conveyed to Mrs. Markoe in 1880, Book 174, Page 100. Way described as follows: "Forever as appurtenant to every part of said parcel of land, a right of way over and across land of said Lucy Ellis, to and from the termination of a way hereinafter mentioned, grinted to her and others by said Dorr, on the West line of said land of said Lucy Ellis, such way herein granted being particularly located and described as follows, to wit:- Beginning at & stake on the North side of a way granted by seid Charles H. Dorr, across his land to said Lucy Ellis and others, by his deed dated this day and on the said West line of said land of said Lucy Ellis End thence on said west line South 19c West six rods and seventeen links to a stake about one rod Northerly of a ledge; thence diverging from said line, South 1° West two and three fifths rods to a stake; thence South 8 West one and three fifths rods to a stake, saven feet Westerly from a cherry tree, such hereby grented way to be twenty feet wide and the above described line in its several courses and distances to be the wasterly line of such way. The aforesaid line bein that run and 76 169-236 2- loceted by E. M. Hamor, surveyor, Sept. 13, A.D. 1879, and 8E shown on a plan made by said Hamor dated Sept. 13, 1879, and marked "A" and referred to in ani recorded or to be ro- corded with said deed of s.id Dorr which said way hereby granted shall be held and enjoyed by said Charles Willing, Trustees as &foresaid, their said successors, heirs and essigns and all owners of all and any part of said parcel of land first herein described forever, 88 appurtenant to every part of said parcel to the full extent and with every right and all rights therein as were reserved by said Charlee will- ing and Chapman Biddle Trustees as aforesaid in their reser- vation of a way across said parcel of land of saii Lucy Ellis in their conveyance to her of said parcel b deed dated Feb. 5, 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, Folio 443 but without right of any change or relo- cation of the way as herein granted. The way herein granted being an extension of the said WEY reserved in said deed to said way across said land of said Dorr." 77 Vol. 169, Page 233. Dated Nov. 29, 1879. Recorded January 24, 1880. Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham the elder deceased - to - Lucy Ellis. Release of certain part of way formerly existing for which released pert the way granted by the next preceding deed is a substitute. A certain part of the way reserved in our former deed to said Lucy Ellis, dated Foby. 5, A.D. 1877 and recorded in the Hancock County Registry of Deeds in the State of Mine, Vol. 156, folio 443, to wit:- All that part of said way which lies to the Eastward of the way this day conveyed to us by the deed of the said Lucy Ellis and laid out by E. M. Hamor, Sur- voyor, to which deed reference may be had, and also all right, titles, interest and passements of us, or either of us in of to sampart herein released, so that all the way the said Trustees, their successors or assigns shall have upon and across the land of said Lucy Ellis named in said deed of Feby. 5, 1877 to the northward of the stake, named in said deed from stid Lucy Ellis to said Trustees of this day, as being seven feet west- erly of the Cherry-tree, shall be all and only the way this day conveyed to said Trustees by said Lucy Ellis, But this conveyence shell not effect any part of the way to the South- - ward of said stake, reserved in our sail former deed of Foby. 5, 1877. 78 Vol. 174, Page 100. Quitclaim Deed. Dated May 4, 1880. Recorded May 24, 1880. Charles Willing and Chaoman Biddle, Trustees of the Estate which was formerly of William Bingham Manelier, deceased, -to- Matilda C. Markoe. Conveyence of a treet of land containing eighty-seven acres and one hundred and fourteen and three tenths source 46 rods (See 2. 211) together with a way described as follows: And also 88 appurtenent to sail D&reel of land, certain rights of way to mit:- All the Lights of way reserved to and by said Trustees in their dood to Lucy Ellis, dated February 5th, L.D. 1877 and recorded in the Hancock County Registry of Deeds, Vol. 156, folio 445, except 80 for 88 the caid last herein mentioned righte of way are abridged OF surrendered by a deed from sell Trustees to 001₫ Ellis dated November 29th, A.D. 1679. and recorded in said Registry of Deads, Vol. 169, Folio 335, to both which deeds and such records thereof re- ference is to do had for a more particular description of the extent. limitations and conditions of said last herein men- tioned rights of way; and also 86 apportedant to eail D. reel of land all the rights of W&Y conveyed to said Trustees by said Lucy Ellis by har deed dated November 29th, A.D. 1379, and recorded in said Registry of Deeds, Vol. 169, Folio 236, and all the rights of way conveyed to said Trustees by Charles H. Dorr by his daed datal November 29th, A.D. 1379 and recorded in said Registry of Deeds Vol. 169, Folio 229 to both which 199 174-100 2- last herein mentioned deeds and such records thereof reference is to be and for E particular description of the extent limitations and conditions of said last herein mentioned rights or way so conveyed by seid Allia 02 by said Dorr, subject always to the right 0£ 787 heretofore grantai ECROSS said parsel of land to said Iucy Ellis by, and described in a deed from said Trustees to her deted February 5th, A.D. 1877 and recorded in scid Regis- try of Deeds, Vol, 156, Folio 445 to which deed and record reference may be had for 2 particular de oription of the extent, limitations end conditions of said last herein mentioned right of way The premises above described and hereby couvoyed being subject also to the of sll existing legal public high- ways over the same end the forogoing decription of sail barsel of leni being according to L eurvey and plan of the same made by Levi B. Wymen, Surveyor, September 10th and 11th, A.D. 1879. Meaning hereby to convey to the seid Matilde C. Markoe as End her hoirs and essigne/uforessid, all and the same rights, titles EAL interests in and to said parcel of land which the geid Villiem Bingham, the older derived from the Common- wealth of Masrachusetts whether directly OF by masns convayances, as appears by his title deeds duly recorded in said Hancock County and saia State of Maine. 80 Vol. 189, Page 179. Indenture. Dated May 28, 1883. Recorded June 11, 1883. Lucy Ellis -End- - Matilda C. Markoe. WITNESSETH: That wherees Charles Willing and Chapman Biddle, Trustees of the Estate which was formerly of William Bingham, the elder, deceased, by their deed dated on the fifth day of February A.D. 1877, and recorded in the Registry of Deeds for the County of Hancock in the Stateof Maine in Vol. 156, Page 443, conveyed to said Lucy Ellis & certain percel of land situate in the town of Eden in said County, and also as appurtenant to said parcel of land a right of way two rods wide as therein described, to be located wherever they or their heirs or assigns and said Lucy Ellis or her heirs or assigns should agree or if they did not agree, wherever the County Commissioners of said County should determine, and reserved another right of way in said deed described as appurtenant to land then of said Trustees not so conveyed lying South of said parcel of land so conveyed out of and over said last herein mentioned parcel of land, and whereas said last herein mentionel right of way so reserved has been extended by a deed dated on the twenty ninth day of November A.D. 1879 from said Lucy Ellis to said Trustees, recorded in said Registry Vol. 169, Page 236, and in purt released by a deed from them to her dated on said day and recorded in said igistry Vol. 169, folio 233, and said Trustees have since 189-179 2- the dates of said three deeds C conveyed said land held by them at said dates over and through which land said first herein mentioned right of way was so granted as aforesaid (and as appurtenant to which also said secondly herein mentioned right of way was so reserved as aforesaid) to said Matilda C. Markoe by their deed dated on the fourth day of May A.D. 1880 and recorded in said Registry Vol. 174, page 100, so that she has all the rights. powers and interests which said Trustees at and immediately before said deed to har had in, or in refer- ence to both said rights of way or said extension, and where- as said Matilda C. Markoe and said Lucy Ellis have agreed to fix, define and locate as hereinofter set forth, the route and limits of said first herein mentioned right of way, and of said secondly hereinbefore mentioned right of way 80 far as not fixed, determined and located by said two deeds both dated on said twenty ninth day of November A.D. 1879. Now then said Lucy Ellis doth hereby grant, convey, re- leage and confirm unto said Matilda C. Markoe and her heirs and assigns all and the same rights of way granted to said Trustees by said Lucy Ellis by her said deed dated on the twenty-ninth day of November A.D. 1879 and also in full sat- isfaction of any and all rights of way 80 reserved as afore- said to said Trustees in and by their said deed to said Lucy Ellis dated on the fifth day of February A.D. 1877, doth grant. 189-179 3- release and convey to said Matilda C. Markoe and her heirs and assigns forever, a right of way two rods wide for animals, vehicles and 011 foot and for ell purposes to and from and as appurtenant to Ell and any and every part of said parcel of land conveyed to said Matilda C. Markoe by the said deed of said Trustees dated on said fourth day of May A. D., 1880 to and from, unon and over said right of way granted to said Trustees by said Lucy Ellis by her deed dated on the twenty- ninth day of November A.J. 1879, to and from the way in said deed referred to as granted to her and others by Charles H. Doer, and to and from upon and over ini through E certain strip or paccel of land which is part of said land conveyed to said Lucy illie by said Trustees as &foressid, and by their deed dated on the fifth day of February A. D. 1877, the centre line of which strip of land is one roa from the outer or boundary lines thereof and is described and runs as follows:- Beginning at Ei take which stand one rod Eastorly from a stone post which post stands seven feet westwardly from a cherry tree, said stone post being the southwest terminus of E right of way already granted by said Lucy Ellis to said Charles Willing and Chapman Biddle Trustees, by her said deed to them dated on the twenty-ninth day of November A.D. 1879 as appurtenant to land then of said Trustees now owned by said Matilda C. Markoe and as an extension of the way so 83 189-179 4- reserved by said Trustee in and by their caid dead to her dated on the fifth day of February A.D.1877, seil centre line was from said stake first South 14°15' E. 1 rod and 1 link; Thence S. 240 55' B. 3 rods and 19 links; thence South 120 20' 3. 1 rod and 12 links; thence S. 20 He 6 rods and 12 links; thence South 50 15' W. 2 rods and 8 links; thence S. 12 I. 1 rod and 17 links; thenas South 220 30' E. 3 rods and 4 links; thence S. 270 25' E. E rols and 2 links; thence South 19° 30' E. 6 rode and 5 links; thence S. 130 E. 1 rod and 14 links: to a stake in the line between lend of said Lucy Ellie and said Metilia C. Markos, The courses given being by complea at this date according to a survey by E. M. Hanor, Surveyor, TO HAVE AND TO HOLD unto the said Metilda C. Markoe and her hairs end assigns forever all and singular the premises hereb granted or released to her or them; end said Matilde C. Markoa for herself and her heige ,and assigns hereby accept said rights of way so hereby to her and them granted, convey- od 0.° confirmed in full of 277 and any rights, claims, and demands to or for all or any rights of way or passage over, on or through all or any pr t or parts of said parcel of land conveyed or purporting to be conveyed to said Lucy Ellis by said Trustees by their said feed dated on the fifth day of February A.D. 1877 and doth hereby remise, release and forever 84 189-179 5- quit-elaim to her the said Lucy Ellis and her heire and assigns all right of way and passage over all OF any part or parts of said parael of lengs except the land over and through which any rights of way are hereby grented ani conveyed or confirmed; and the said Metilda C. Markee doth hereby grert. release end convey unto the seil They Ellis and her heire 2.21 assigns, US appartenant to said pareel of lend conveyid or purporting to be conveyed to nor by S 1d Trustees by said dead datel on the fifth day of February A.D. 1877, a eight of way two rode wide for animals, vehicles OF Oil foot and for all purposes from and to said pereel of lend Southerly and Wester- Iy and to the same Egaterly and Northerly as appurtenent to said parcel of lend end to end fromthe highway from Bar Harbor to Schooner Head in said town over and through a certain strip or parcel of land which is part of said parcel of land conveyed as aforezsii to suid Motilds C. Markoe, the centre line of which is one rod from the outer boundery lines thereof and is de- scribed and runs as follows, namely:- Beginning at a stake on the lice between lenda of said Inicy Ellis and Matilia C. Markos in the centre of skil two rode Right of Wey granted by said Ellis to said Markoe, said centre line runz from said Stake S. 90 E. 4 rods and 4 links; thance S. 30° E. 1 rod and 23 links; thense S. 55° 15' E. 1 cod and 21 links; thence S. 71° 30' E. 1 rod and 18 links; thence N. 73 E. in rols and 15 links; thence N. 84 °E. one rod end 22 links thence S. 73 85 189-179 6- 45' E. 1 rod End 3 links to Ula Path; thence following said Old PathSouth 13° 45' W. 7 rods and 2 links; thence S. 59 D 30' West 6 rods End 00 links; thence South 18° W. 6 rods and 24 links; Thence. S. 33° 10' W. 2 rods and 21 links; thence South 50 30' W. 7 rods: thence S. 22° 45' W. 4 rods and 20 links: thence South 8° 50' E. 7 rods; thence S. 10° 55' W. 5 rods and eight links; thence South 5° 55' W. 6 rods and 12 links; thence S. 4 C 30' E. 3 rods end 23 links; thence South 11° 25' W. 3 rods and 9 links; thence S. 70 30' E. 3 rods and 21 links; thence South 26° 40' E. 2 rods and 12 links; thence S. 50 25' E. 5 rods and 9 links; thence South 20 30' E. 2 rods and 21 links thence S.°11° W. 4 rods and 18 links; thence South 70 55' E. 6 rods and 2 links; thence S. 3° 5 , W. 6 rods and -- links; thence South 18 o 30' W. 4 rods and 10 links; thence S. 31 0 15' W 4 rods and 22 links; thenca South 6° 50' W. 5 rods and 20 links; thence S. 64° 15' W. 3 rods and 19 links; thence North 74° 25' W. 4 rods and 3 links; thence H. 57 0 W. 3 rods and 16 links; thence North 77 o 45' W. 5 rods and 20 links; thence S 73° W 4 rods and 16 links; thence South 50 o 4 rods and 13 links; thence S. 74° 10' W. 6 rods and 6 links; thence South 73 ° 45' W 8 rods end 8 links; to a stake on the east side of Schooner Head Road, which said stake is 9 rods and 17 linky N. 28° W. from the centra OI Bear Brook on the 86 189-179 7- east side of the bridge across said brook, said courses are by compass at this date recording to a survey by E. M. Hamor. Surveyox. TO HAVE MID TO HOLD unto the said Lucy Ellis and her heire End Assigns forever, ell and simpular the premises hereby granted ) released to ner of team. And said Lucy Ellis for horself and her Heirs end Assigns hereby accepts said right of way SO hereby to her and them grented and conveyed in full for all and any rights of WEY or preserve over of through all of any part or parts of seid parcel of lan conveyer 0 : purporting to be conveyed to paid C. Markoe by 8014 1880 dated on the fourth day of May A. . D. 1830 und doth hereby remise, release and forever quit-claim to her the sail Matilda C. Markoe and her heirs 80 and assigns all rights of way or passage over I: through ll or any part or parts of said parcel or land except SLid strip Of parcel of lead hareinboford described ES that over or through which E right of way is hereby grinted and released. 87 Vol. 247. Page 145. Quitclaim deed. Dower released. Dated March 31, 1890. Recorded Sept. 10, 1890. Cherles 11. Dorr -to- %atilda C. Markoe. Grant of way appurtenant to Markon land. The description is ae follows: Do hereby give, grant, bargain, Bell and convey unto the said Mitilia C. Markoe and to her heirs and assigns and to Ell others, for the time being, owners or rightful occupants of all OF any part 01 E certain lot or parcel of land now owned in part by said Metilde C Markoe situated in the town of Elen County ) Hancock and State of Meine, bounded north b3 land of Lucy Ellis; east by the see, south by Benr Brook and west by land of skin Dorr, forever, as admartedent to all and avery part of the saia parcel of land. 2? right of way over and ECCOSS land of SEil Doer, situated in said town of Rden to and from the highway known 35 and cilled the Schooner Head Rosi. such NEY hereby grentei being particularly located and describod as follows, thei is to say: Beginning et is stone post 801 in the ground in the east line of the County road, and at the centre of e road built by said Charles H. Dorr in the Iall of 1888; thence following the centre of skid Dorr's road and crossing sil Dorr's land 0.5 follows, to wit, south thirty-four degrees and twenty five minutea east seventy nize feet 60 E point pasring north fifty degrees east and ten feet distant from E stone post set in the ground; thence south forty kix degrees east eighty seven and one helf feet to as point bearing north forty two degrees 247-145 2- and thirty minutes aget and ten fest/distent from a stone post eet in the ground; thence south forty eight degrees and ten minutes east three hundred ent twenty two feet, to E: point bear- ing north forty five degrees and thirty minutos east and ten feet distent from C stone post set in the ground; thence e outh forty degrees and twenty five minutes east eighty eight and one half feet to 8 point boaring north forty six degrees and thirty minutes east and ben feet distant from E stone post set in the ground; thence south forty nine degreet and tairty minutes east forty five feet to a point bearing north thirty degrees and thirty nins minutes east and ten feet distant from E stone DOST set in the ground; thence south sixt.7 nine degrees and thirty minutes east fifty three and one half feet to e point be ring north nineteem degrees and thirty minutes eest and ten feet distant 1600 an iron bolt set in the ground neer the outlet of the Pond; thence smin seventy one degrees end forty five minutes east one hundred thirty eight and one half feet# a point bearing north teanty four dagrees east and ten feet distant from a stone post set in the ground; thence south sixty one degrees and thirty minutes east six hundred and fifteen fest to a point bearing North nineteen degrees eact and can feet distent from a stone post set in the ground: thence south eighty four degrees end fifty min- utes east thirty six and one half feet to a point bearing 89 247-145 3- north five degrees and thirty minutes west and ten feet distant from a stone post set in the ground; thence north seventy six degrees Gest sixty and one half feet to a point bearing north thirty minutes west and tan feet distant from & stone post set in the ground; thence south eighty degrees east thirty seven and one half feet to & point bearing north nineteen degrees east and ten feet distant from E stone post set in the ground; thence south eighty degrees east sixteen and one helf feet to a stone post set in the ground in the line between lands of said Charles II. Dorr and Lucy Ellis, and in the centre of the road leading to said Ellis' Cottage. The described line is the centre of said W&Y end the way is to be twenty foot wide in every part, except the last sixteen and one half feet end that, to wit, the last rod of the length of said way, next to the line of said Ellis is to be thirty feet wide. whole distance fifteen hundred and eighty feet. For further identification of said way hereby granted reference may be had to a plan of said way made by E. M Hamor, surveyor from his surveys 01 the same made in April A.D. 1889, said plan being deted April 5th, 1889 and signed by sid E. M. Hamor and herowith to be recorded. Said way above described and hereby granted shall be hell and enjoyed by sail Matilda C. Markoe and her hei rs and assigns and all said for the time being, owners or rightful 90 247-145 4- occupants of her said parcel of land as appurtenant to all and every part thereof forever, and to the full extent and with the same rights there to , as if said way had been duly and legally laid out and established as a private WAY for and to and from said highway called the Schooner Head Road by the proper officers and authorities under the Statutes of the State of Maine, not however intending hereby to give any rights over said way to the public or to any person or persons, except the owners or rightful occupants (for the time being) of the parcel of land herein described. The way hereby granted is intended as Ei substitute for, and instead of any and all rights of way heretot fore granted by said Dorr, or acquired in any manner across land of said Durr, as appurtenant to the lot of land of said Dorr as appurtenant to the lot of land herein described. And all said rights of way so previously granted or in any manner acquired and surrendered, excent in 80 far as such rights of way in any part or rarts thereof may be identical with the rights of way hereby granted. The use by said Dorr his heirs and assigns of the way hereby granted is not abridged by this conveyance. Vol. 247, Page 134. Quitclaim Deed. Dower relessed. Dated March 31, 1890. Recorded Sept. 10, 1890. Matild. C. Markoe and John Markoe, husband I'd' said Matilda. -to- Charles H. Dorr. Owners and rightful occupants of 8 portion of the land situated In the town of Ellen County of and State of Meine. more fully described in is certain deed of the ways and easements hapsinsfter described, from Charles H. Dorr to Lucy Ellis and others, dated Bov. 29th, 1879, and recorded in the Registry of Deeds for Handock County, State of Maine, Vol. 169, Page 229. to which deed And record reference is expressly made for E fail description, said land being described generally 40 two lote, to wit: First, Dounter North and East by the sea, South by 1std formerly of the Binghan Eatete and Weet by lana of Charles H. Dorr. Second, bounded north by land of Incy Ellie, Sent by the 258, South of Bear Brook and West b.7 land of said Dorr, in consideration of the BRUN of one dollar and other good and valuable considerations to each of we paid hy Charles H. Doer, of the City of Boston, County of Suffolk, Common- wealth of Massechunetts, the receipt whereof we do hereby ecknowledge do hereby remise, release, cell and coavey and forsver quitclain ut to the said Charles H. Dorr, his heirs and assigns forsver all claims, rights, titles, interests and easements except as hereinafter stated, which are ap- ourtenant to the portion of the above described land owned, held or occupied by us, and all claims, rights, titles, interests 92 247-134 2- and easements, which N8 derived. under said dood from Charles H. Dorr, dated and recorded as above specified, End which are described in sain deed as follows: "A right of way over and across the land of said Doer to and from the highway known and called the Schooner Head Road, such way hereby granted being particularly located and described as follows, that is to say, Beginning on the Bapt side of said highway, called the Schooner Hard Road, at the South West corner OF a cottage of said Dore and theree running following the Avenue of said Dorr as now built. first South seventy four degraes Best eight and three fourths rods to the West line of the "Shefman Lot" so called; thence South forty one and three fourths degrees Fast five rods: Shange South fifty 3710 and three fourths degrées Zant five rods; thelica Bonth sixty two and one fourth degrees Bust two rode; thenco South seventy and three fourths degrees East five rods; thence month fifty four and one half dagreea East nino and three fifths rods to the West line of land of said Dor r which line is the Best line of said Sherman lot; thence South sixty seven and one fourth degrees East three rois thence South fifty five and three fourths degrees Egat live rois; thence South torty-sight : one half degrees East ten role; thence south fifty is three fourthe degrees east (diverging from the main avenue of said Doer) four rods to i stake; thence South twenty six and one half degrees East 93 C 247-134. 5- twelve rods; thence South forty eix End one half degrees East six and three fourths rode; thence South twenty pine degrees East three gods; thence South thirty one & one helf degrees East four rods and seven links; thence South fifty and one helf degrees Eaet four role and seventsen links; thence South fifty four and one fourth degrees East four rods; thence South fifty eight and one half degrees East two rods; thence South eighty three and one fourth degrees East two roas; thence North eighty-one degrees east two rods; thence north seventy one & one fourth degrees East two rods to the point of a) ledge; thence South eighty nine as one half degrees Best two rods; thence South seventy three and turee fourths degrees Bast two rods to a state, the aforesaid WEY from the place of beginning to this last herein mentioned stake to be twenty fest wille thence South fifty three and one half degrees East one roil to a stake in the West line of said land of said Lucy Ellie; the said way at this point to be thirty fast wide, the line hereinebove described by its various courses, distances and morninen from said Jehooner Head Road to the said West line of land of said Lucy Ellis to be the center line of the way hereby grenter. The courses hereinabove named are the general courses, but there are curves between points herein- before given, and said way is a curving way running through said points hereinbefore named for further identification of said way hereby granted reference may be had to Li plan of 94 247-134 1- said way made by ribe Mr Hamor, Surveyor, from his survey, the same made September 15th, A.D.1879, seil plan being detad September 13th, 1879, marked "A" and signed by seid E. M. Hamor and horswith to be recorded, the W&Y hereby granted being marked on said vian in cod ink." Meaning and intending hereby to remise, release and quit-claim to the said Charles H Dorr his heirs and assigns forever ascent as here- inafter stated all rights, titles, interests, eleima end easements, however the same may be described set forth in said deed from Charles H. Dorr, dated and recorded E.S above specified, so far as the same may be owned, held or occupied by U.S or either of us, or appurtenant to any of the above do- scribel land owned, held or occuried by us or either of us, meaning end intending further that this deed shell supplement E certain deed beering even date herewith from Lucy Ellis, Theofore Chase & Alice 5. Chase to the seil Charles H Dorr in the body 01 which deec the names of the grantors herein appear, but which is not executed by then, so that this deed together with said deed from Lucy Ellis and others beering even date herewith shell re-invest in gail Charles H. Dorr, except as hereinafter stated all the claims, rights, titles, interests and easements conveyed by Charles H. Dorr by his deed first horeinabove described excepting and we to not here- by release any, but hereby except and reserve to and for our- 95 247-134 5- selves our heirs and assigns, end 3804 of us, env the hairs End assigns of each of us, forever, all of the claims, rights, interests, essements and titles in or to any way or other thingegranted or conveyed to and our heirs and assigns by the dead of Charlos H. Dorr, bearing even date with these presente and to be recorded in the County Registry of Decis elthough the same 0r any part thereof may be indntical with the ways, rights, titler, intereste and assements herein described of in, moon 37 over any Jend covered by or included in eaid way heroin described or any part thereof. Vol. 412, Page 249. Quitclaim deed. Dated October I, 1904. Recorded Oct. 3. 1904. Matilda C. Markoe -to- Virginia Newbold. Deed of land adjoining Bear Brook. Also granting and reserving ways as follows: Together with, and as appurtenant to the lot of land above described, and all parts thereof, a right of way in common with myself, my heirs and assigns, owners or tenants of the lot of land lying North of the lot herein described, and also in common with all persons lawfully entitled to similar rights in, over and through the same ways described in two certain deeds, to wit, Indenture between Lucy Ellis and myself dated May 28th, 1883, and recorded June 11th 1883 in said Registry, Vol. 189, Page 179, and Deed from Charles H. Dorr to myself dated March 31st, 1890 and recorded in said Registry September 10th, 1890 in Vol. 247, Page 145. Meaning and intending to grant and convey, and I do here by convey to said Virginia Newbold, her heirs and assigns, all rights and easements acquired by me under and by virtue of said last described deed and indenture, SO far as the same are appurtenant to the land herein described as conveyed, and any and all parts thereof; and also & right of way for all pur- poses in, over and through such part of said way described in said indenture as lies in and upon my land. 97 412-249 2- Reserving however, to myself and my heirs and assigns a right of way for all purposes in, over and through such pert of said way described in said indenture, as lies in End upon the land herein described as conveyed. Rights of way herein granted End reserved shall be held and enjoyed by said Virginia Newbold and myself, our heirs end assigns in common, and in common with all persons lawfully entitled to similar rights. 98 STOUGHTON ROLD. STOUGHTON ROAD. I have applied this name to the way leading across the Chase Lot, formerly Stoughton Lot, from the old Post Road in E general southeasterly direction to the land bargained to Mrs Leeds. I call this the Stoughton Road because it first was described and reserved in the deed from Mrs. Markoe 100 to Mrs. Stoughton in 1885 (page ). It will be observed that this way is subject to change in location by the owner of the Chase Lot (pages 102 103 67 to 70). It is appurtenent to the whole Markoe Lot. 99 Vol. 203, Page 169. Quitclaim deed. Dated Sept. 18 1885. Recorded Not. 18, 1885. Inside C. Markos and John Markoe, her husband. -to- Mar,7 Fiske Stoughton Grent of lot afterward owned by "theodore Chase and knowneas the Chase lot. This lot comprises the northern part of the treat conveyed by the Trustees of the Bingham Estate to Mrs Markoe in 1830, Book 174, Page 100. By this deed Mrs. Markoe reserves as eppurtenant to the locus righte of way in and over SO much of the 30-called "014 Post Road" 88 lies. within the lot and also a further way which we have designated as the "Staughton Road," The reservation is as follows: Excepting always that we said Matilda C. Markoe, and John Markoe, do hereby reserva for her and for her heirs and assigns forever, owners of all, of any part or parts not hereby granted or released, of the parcel of land to her con- veyed by said Aeed of said Willing and Biddle and as appur- tenant to such part Or parts, first the right to use and enjoy all and each of the rights of way hereby grented or hereby released, ct any and all times and in common tnd in like manner and to and for the same extent and purposes with and as said Mary Fiske Stoughton end her heirs and assigns. own- ere of ell or any part or parts of the land hereby grented or released, end as appurtenent thereto, may use and enjoy all, any and each of said rights of way hereby granted, or released, 100 203-169 2- and second Also & certain other right of way two rods wide for animals, vehicles, and on foot, and to pass and re- pass, nd for all purposes, to and from all and esch and every of said part or parts not hereby granted of released of said parcals of land, conveyed to said Matilda C. Markoe, by said deed of aaid Willing and Biddle both, to, from and over E certain stric Oi parcel two rods wide at E.11 pointe of land which is part of said first herein described parcel of land, end the centre line of which is as follows, to wit:- Beginning in said o n t r e line in the southerly boundary line of said land hereby released at a point thirteen rods End nine links westerly from the iron bolt hereinbefore mentioned in the lodge near the top of the bank and one I'di and four links easterly from a stonepost standing in said southerly line and running from said point of ha inning and following the contre of said wag of strip OI land, first north thirty eight degrees and twenty five minutes west two rods and twenty links; thence north thirty four dagrees and thirty five min- utes west five roas and two links; tience north twenty nine degrees and fifty minutes west, five rods and fifteen links; thence north fifty-six degrees west one rod and twelve links to a stone post set in the ground; said stone post being at C on a plan herewith to be recorded marked as follows: "Plen of land near Bas Harbor, in Eden, Mt. Desert belonging to John 101 203-169 3- Markoe The outline plan and division into lots made by L. B. Wyman, Surveyor, in 1879, The location of sites and roads leading thereto designed and laid out and approximately drawn upon this Plan by Jos. H. Curtis, Landscape Eng. Sept. 1881, recopied and courses of roads given by 5. M. Hamor, Surveyor, Dept. 1885." thence north ninety degrees weet, six rods and nine links: thence north eighty-five degrees and thirty min- utos west three rods and fourteen links; thence north eighty- eight degrees and thirty minutes west five cods and five links; thence north sixty-eight degrees and rifseen minutes west five rods; thencenorth eighty degrees and forty five minutes west two. rods and twenty-four links; thence north seventy de- grees west five rols and eleven links; thence north sixty- seven degrees and forty five minutes west four rods and tworty-one links to in stone post act in the ground in said land over which said Lucj Ellis has a right of way, this point being indicated on said plan by a letter B., said strip of land and the said way over the same being two rods wide as aforesaid, one of each of said rods on each side of said line, and said point indicated by said letter "B", being at 2 point where said right of way last hereby reserved meets another right of way hereby released to said Stoughton and reserved for said Merkoe, granting however to said Stoughton and her heirs and assigns, the right within, and not after 102 203-169 4- the expiration of one year from and after any dwelling house shell have been built OFI any part of the said parcel of land hereby granted or released wholly at her or their expense, and without expense to said Metilda C. Markoe 07 to any person claiming under her, to change , except es hereinafter excepted, the location and direction of -said way hereby reserved, the centre line of which begins, ES eforesaid in said southerly boundary line at said point thirteen rods and nine links wasterly from said iron bolt, and to substitute for said WaJ, a way of the same width, and substentià1} of as easy grade and as good and convenient in every respect for those for whom said way is hereby reserved as said way, and running over suitable land, End to construct and fit for use end put in as good a condition for use and travel as said way shell be, at the time of said change, such substituted way, except and provided that no change shall be made st or in the said beginning of said way hereby reserved, nor at or in the said point shown by the letter B, UF marked on said plan, end the only change or substitution hereby authorized, is and shall be between said beginning and said point. And whenever such change and substitution shall be made, then the said Stoughton or, her heirs or assigns, owners of the said parcel here- by granted or released, shall make to said Matilda C. Markos or to her heirs or assigns, n ving Ell or any part or parts not hereby conveyed of the larger parcel 01 land hereinbefore 103 203-169 5- and hereinafter mentioned and referred to 2E conveyed to her by said Charles Willing and Chapman Biddle, trustees, as afores aid, EL propor grant and conveyance of said 80 sub- stituted way in fea simple to be held and enjoyed by her, end her said heirs and assigns, owning 88 aforessid, like as and in and to the same mannar and extent, and in and to all respects and intents whatsoever as said way hereby reserved is or is to bo, or can be held and enjoyed under these pro- sents. And thereunon end thereafter the said Matilda C. Merkoe, and her heirs End assigns owning as aforesaid shall have the further and continued use of the said way hereby reserved until said Stoughton or her hoirs or Eseigns shall have made and constructed said substituted WE F as aforesaid, and put the same in said condition, eiter which they the said Hetilda C. Markon and hor said heirs and assigns owners as aforesaid, shall have no further rights therein, but instead thereof shell have, hold and enjoy as addressid, the seid 30 substituted way 80 to be conveyed to her and them as aforo- said in lieu thereof. In 0886 of tiny question or dis agreement as to the convenience, grade, quality, suitableness, or condition of said substituted way, or 0+ any proposed loca- tion or direction of such so substituted way, the said ques- tion or direction of such so substituted way, the said ques- or disagreement shell be determined by the award of a mejority of the County Commissioners, for the County of 104 203-169 5- Hancock for the time then being, after an opportunity for all the parties in interest then of age and capable of seting, to be hoard by all of said Commissioners, Notice of the hearing before such Commissioners may be Fivan by mail and the certificate of said Commissi oners or a majority thereof that all parties have had such oppor- tunity shall be conclusive, 105 DORR ROAD. DORR ROAD Old Port Road This way leads from the northwest dorner of the loous across land of George 3. Dorr and land formerly of Mrs. Markoe to the Schooner Head Road. It was establish~ ed in 1907 by the indenture next hereinafter get forth between Mrs. Markoe and Mr. Dorr and the Nurseries. corporation. It will be observed that this way is subject to certain restrictions (page 109, 106 Vol. 454, Page 537. Indenture. Dated Oct. 12, 1907. Recorded Oct. 30, 1908. George B. Dorr, Matilda C. Markoa and The Mount Desert Nurseries. Indenture establishing way appurtenent to property of the parties to it, including the locus, Way described as follows: Beginning in the Eastern lineor the Schooner Head Road at the junction of said Eastern line with the center line of said private way to be established hereby, said point of beginning being forty (40) feet distant measured by the East- ern side of said Schooner Head Road from a stone post set in the ground near the South side of said private way; thence from said point of beginning running South seventy-three degrees East (S. 73° E. four hundred and twenty-one (421) feet; thence South eighty-two degrees and thirty minutes East (s. 82° - 30' E.) sixty-three (63) feet; thence North eighty-nine degrees and thirty minutes East (N. 89° -30' E.) sixty-eight (68) feet to the division line between land of the parties of the first and second parts hereto said pri- vate way to be established hereby is at this point marked by E stone post set in the ground in the North line thereof and another stone post set in the ground in the South line there- of, both said stone posts being in said division line; thence North seventy-five degrees East (N. 7.5 E.) ninety-five (95) feet; thence North fifty-three degrees and twenty minutes 107 454-537 2- East (N.o 53 - 20' E.) ninety-three and five -tenths (93.5) feet; thence North sixty-one degrees and fifty minutes East (N. 61250' E.) seventy-three (73) feet; thence South eighty- nine degrees and thirty-four rinutes East (S. 89°34' E.) seventy (70) feet to line between lots D. and E., as shown upon the plan hereinafter referred to; at this point said private way is marked by a stone post set in the ground in the Southern lino thereof, said stone post being in the division line between said lots D. and E. ; thence South sixty- seven degrees and forty minutes East (S. 67°-40° E.) one hundred and forty-three and five-tenths (143.5) feet; thence North eighty-three degrees and three minutes East (No 830- 3' E.) forty-six (46) feet; thence North forty-eight degrees and thirtoen minutes East (N. 48-13' E.) fifty-six (56) feet; thence North ten degrees and fifty-two minutes East (N. 100- 52' E. one hundred and seventy-five and three-tenths (175.3) feet; thence North thirty-three degrees and forty-five min- utes East (N. 33° -45' E.) fifty-six (56) feet; thence North thirty-seven degrees and sighteen minutes East (N. 37°- 18" E.) two hundred and eighty-three (283) feet; thence North twenty- five degrees and thirty-four minutes East (N. 25 ~34' E.) eighty-six (86) foot to the Southern line of land formerly of said Theodore Chase, at which point said private WE J forms E. Old junction with the way known as the/Right of Way Road, said 108 454-537 3- old Right of Way Road being marked at this point by stone posts set in the ground in the West and East lines thereof, said stone posts being in the South line of said land formerly of Chase. Said private way hereby established is shown upon a certain plan entitled Map of Property Belonging to Mrs. John Markoe and Geo. B. Dorr, Bar Harbor, Hancock County, Maine, 1907, made by E. W. Hill, C.E., to be recorded in the Hancock County, Maine Registry of Deeds. Said private way hereby established is twenty (20) feet in width in every part and the line above described follows substantially the center line thereof, said private way h&s been built end wherever the line above described as the center line conflicts with the stone posts hereinabove referred to and with the lines of the WEY as built, such stone posts and the lines of the WE J as built shall control. It is agreed by and between the parties that said private way hereby established shall be subject to certain restric- tions, not conditions subsequent, to wit:- First:- Thai no poles, wires or pipee shall ever be erect- ed or maintained within, along 0.0 across the same on or above the surface of the ground. Second:- That 30 long as both or either of the parties of the first or second parta hereto, their Heirs or Devises own any land abutting on said private way hereby established, no 109 454-537 4- rights of way or other rights or easements theroin, and no right to use of en joy any pipes or wires laid or maintained therein (save only ars appurtenant to all or some part of the land hereinabove referred to as owned by the parties hereto shall be granted otherwise than by consent of said party of parties, their Heirs of Devises, owners of said abutting land. NOTE: The right to lay, maintain, repair, renew, use and enjoy water, gas and sewer pipes and electric light wires and suitable conduits for same beneath the surface of the ground in and under said WEY WES specifically granted. 110 yellow that RESTRICTIONS UPON OTHER LAND For the benefit of the locus 1. 454-537 4- rights of way or other rights or easements therein, and no right to use or enjoy any pipes or wires laid or maintained therein (save only ars appurtenant to all or some part of the land hereinabove referred to as owned by the parties hereto shall be granted otherwise than by consent of said party of parties, their Heirs or Devises, owners of said abutting land. NOTE: The right to lay, maintsin, repair, renew, use and enjoy water, gas and sewer pipes and electric light wires and suitable conduits for same beneath the surface of the ground in and under said way WES specifically granted. 110 yellow she RESTRICTIONS UPON OFIER LAND For the benefit of the locus "Ristilitimis your other found to go on yellowshut leving " upons sand Scall land monthy the Dass riad 5. Upon 1 be didini Ifd adjusting foot E. , 31. Uyon and worthing the Dain Td adgining Lat 7 17 your land west the debrous and Rd adjaining Lot 7. On pages 147 to 121 are deeds from Mrs. Markoe to Harrison and Scott conveying land near the locus and imposing restrictions thereon. a part Thank restricted The land conveyed is marked by the sketch as Lot 2. Vol. 462, Page 258. Warranty Deed. Dated Sept. 1, 1909. Recorded Sept. 4, 1909. Matilda C. Markoe - to - Rrancis Burton Harrison and Henry I. Scott, as Trustees. By this deed one undivided half part of the two lots lying to the east of the locus is conveyed with the follow- ing appurtument rights. Together with and as appurtenant to the land above described and all parts thereof, all rights of W&Y and other rights, privileges and esserents ( in common with myself, heirs and assigns, owners or tenants of the lot of land lying West of the land herein described, and also in common with all persons lawfully entitled to similar rights in, over and through the sare ways, rights, privileges and enserents) described in the following deeds, to wit:- Indenture between Lucy Ellie and myself dated May 28, 1883, and recorded June 1.1. 1883 in the Hancock County, Naine, Registry of Deeds, in Volume 189, Page 179: Doed from Charles 11. Dorr to myself dated March 31, 1890 and recorded in said Registry Sept. 10, 1890 in Vol. 247, Page 145, and Indenture between George B. Dorr, the Mount Desert Nurseries and myself dated October 12, A.D. 1907 and re- corded October 30, 1908 in Book 454 Page 537 of said 117 462-258 2- Registry, subject however to the conditions and rastric- tions there in set forth, and Also I do hereby convey to said Francis Burton Harrison and Henry In Scott, Trustees as aforesaid, the same ways reserved 1 by Die in the deed from myself to Mary Fiske Stoughton, dated September 18, 1885 and re- corded November 18, 1885 in Vol. 203, Page 169 of said Registry. Massing and intending to grant and convey and I do hereby grant and co v e e to said Francis Burton Har- rison and Henry I. Scott. Trustees as aforesaid, their Successors, Hoire and Assigns all rights of way and all other rights and easements appurtenant to said above described Land and all parts thereof. Together with and as appurtenant as foresaid the right and gasement to construct, maintain, repair, renew, use and enjoy telephone and electric light wires and poles in and over a strip of land ten feet wide extending from the Schooner Head Road to the center of said private road leading from the Sols Cliff Drive to said Schooner Head Road, said strip being bounded southerly by the northern lina of the tract of land conveyed by said Matilda C. Markue to Virginia Newbold by deed dated October 1, 1904, and recorded in the Registry of Deeds for said Hancock County in Book 412, Page 249. Subject however to all 118 462-258 3- existing rights and easements in. through and over said last mentioned private road, and also subject to the rights of the Grantor and of George 3. Dorr, his Heirs or Assigns to use and enjoy the same. The fee of the said strip of land is owned inspart by the Crantor and in part by the said George B. Dorr (subject to the Grant- life estate therein) and the right and easement granted therein in and over land of paid Dorr are SO granted subject to E.ll.conditions and provisions get forth in his dees to the grantor hearing even date herewith. The lot or parcel of land larginabove described 88 convoyed marked "Second" is sade expressly sub, ect to the following restriction, not condition subsequent, to wit:- that no building or other structure shall be erected thereon. This restriction shell run with the land and he bindiag unon the Grantees and all future owners and tenants thereof. The lot or parcel of land heroinabove described 88 conveyed marked "First Lot" is made expressly subject to all public rights in the shore between high and low water mark and to all existing rights and easements in and to the private road situated and lying upon and along the western boundary thereof. 119 462-258 4- NOTE: The lot above referred to marked 'Second" is shown on the plan profixed hereto as Lot No. 2. 120 Vol. 468, Page 255. Warrunty Deed. Dated Sept. 1, 1909. Recorded Sept. 4, 1909. Natilda C. Markoe - to - Francis Burton Harrison By this deed the other undivided half of the lote referred to on the preceeding pages together with the same appurtenant rights are conveyed. 121 on pg - to - In B Dour By the instrument ser Sed firsts improved restrictions, for the benefit of the breast other wide land you a strip of land 57 ft next north H the Over leand T adjoining La b1E reptending from This strip is sharers in the accompaning skitch in blue Seo B. Don in his did to all Page mus make 2 fat 7 improve restrictions, for the benefit of the bees & other land, upon a strip the pau Rd x also upon a of land 50 H wide melt worth of strip of loud or for wide next weat of the Rd, # These strips are shown bet the accounting shiles in blue Blue Incumberness /. Dan 2 old Piet Itf 3 Schnoner Ht Rd X supg 4. Ten fast wayford Electricitive infra gifty "and Holeprining the the pasked (ahalid 477) rafes upon a 5 / 58 fort strip aldy' the Dan Road (part y sa page The Don Rd & the ad Pret Rd framing the facendary The locus is founded in part by the Dour (ddr the all center lives of the Poet Rd. so much of these way min as eil upon the lacus Us width) is subject to rights The in Schnoner others Head P Rd. Caputlic road) is subject to the rights ofthe public Electric Line the This way crosses the Lat E, its Southern of fallows the line of market is mas page - depositive the without to Harrison + Scott ilen describe The deeds forming mus, mackne to grant the where way By the instrument set forth on pages 51 to 58 Matilda C. Markoe conveyed to George B. Dorr & lot of land on both sides of the Dorr Road impos ing restric- Pland of sai / Drr including all pats of the South wate tions, for the benefit of the locus and ot her land, upon brown South & a strip of land fifty feet mide next north of the Dorr old Tan LETE) from lot F. Road and extending from the Horr land easterly to the western line of Lot D. produced (plan recorded in Han- cook County Registry of Deeds, Plan Book 3. Page 27). This ship is shown on the accordance statch in the Red Vol. 454, Page 543. Warrenty Deed. Dated Oct. 12, 1907. Recorded Oct. 30, 1908. Matilda C. Markoe -to- George B. Doss. TWO certain lots or parcels of land situated at Bar Herbor, Town of Eden, sforesaid, bounded and described as follows: to wit:- First Lots- Beginning at E. stone post set in the ground in the Western line of a certain private way known as the Old Right of W& Road, in the Northern line of land of Newbold; thence South sixty-five degrees and thirty minutes West (S. 65 -30 W.) but everywhere following said Northern line of land of Newbold, two hundred and eleven (211) feet, more or less to an iron bolt set in a ledge; thence Nonth twenty-five degrees West (N. 25 W.) passing through two iron bolts set in ledges, seven hundred (700) feet to & stone post set in the ground in the Southern line of & private way established and the boundaries of which fully set forth in & certain indenture between the parties hereto, bearing even date herewith (The Mount Desert Nurseries, a corpora- tion, being also a party to said indenture); thence on same course ten (10) feet, more or less, to the center line of said private way; thence by the following seven courses, but everywhere following the center line of said private way, to wit: first, South sixty-soven degrees and forty minutes East (S. 67 -40 E ) one hundred and forty-three and five -tenths 51 Vol. 454-543 2- (145.3) feet; thence North eighty-three degrees and three minutes East (N.83 -3 E. ) forty-six (46) feet; thence North forty-eight degrees and thirteen minutes East (N. 48 - 13 E.) fifty-six (56) feet; tience North ten degrees and fifty-two minutes Rast (II. 10 - 52 E.) one hundred and sevent.7- five and three-tenths (175.3) feet; thence North thirty- three degrees end forty-five minutes East (N. 33 - 45 E. ) fifty- siz (56) feet; thence North thirty-saven degrees and eighteen minutes East (1). 37 - 18 E.) two hundred and eighty-three (283) feet; thence North twenty-five degrees and thirty four minutes East (N. 25 -34' E. ) eighty-six(86) feet to the center of said 011 Right of Way Road in the Southern line of land formerly of Theodore Chase; thence South four degrees and thirty minutes West(s. 4 -30' W.) butsveywhere following the center line of said 01 ₫ Right of Tay Road, four hundred and eighty (480) foot; here thence South two degrees end thirty minutes East is. 2 -30' E. ) still every here following the center line of said Old Right of Way Road, five hundred and aeventy-two (572) feet to said Nowbold lino; thence South sixty-five degrees and thirty minutes West (S. 65 -30' W. ) but everywhere following suid Newbold line, one rod more or less to the place of beginning, containing six acres, moro 01 less. Being 2 percel of land marked "Lot D. TV upon & certain plan mede by E. W. Hill, C.E. and entitled "Map of Property Belonging to Mrs. John Markoe End Geo. B. Dorr, 52 b 454-545 3- Bar Harbor. Hen ock County Mains, 1907" which plan is to be recorded herewith in the Hancock County, line, Registry of Deeds, 300k of plans, Second Lot:- Beginning at a atone post seu in the ground in the Eastern line of land of the Grantee herein, at the Southwestern cornor of a let of lend owned formerly by said Theodore Chace: thence South twenty-one degrees and fifteen minutes Wost (s. 210 -15' W.) but everywhere following the Sastern line Of said land 01 the Grantee six hundred and for- iy (640) feet to a stone post set in the ground in the North line of the private way established as aforessid; thenco on same course ton (10) feet more or less to the center of said private way; thence by the following eleven courses, but everywhere following the center line of said private wey, to wit, first North seventy-five degreeb East (N. 75 E.) ninety-five (95) feet; thence North fifty-three degraes and twenty ninutes East (N. 53 -20' E.) minety-three - and five- tenths (93.5) feet; thence North sixty-one degraes and fifty minutes East (N. 61 -50° E.) seventy-throe (73) fest; thence South eighty-nine degrees and thirty-four minutes East (S. 89 -34' E. ) seventy (70) feat; thence South sixty-seven degrees and forty minutes East (S. 67 -40' E.) one hundred and forty-three and five tenths (143.5) feet: thence North 33 b 454-543 4- thence North eighty-three degrees and three minutes East (N. 83 o -3' E. ) forty-six (46) feet; thence North forty- eight degrees and thirteen minutes East (N. 48° -13' E.) fifty-six (56) feet; thance Noct: ten degrees and fifty-two minutes last (N. 10° -52' E.) one hundred onn seventy-five and three -tenths (175.3) fact; thence North thirty-three degrees and forty-five minutes East (N. 330-45 t E.) fifty-six (56) feet; thenca North thirty-seven degrees and eighteen minutes East (N. 370 -18' E. ) two hundred and eighty-three feet; thence North twenty-five degrees and thirty-four minutes East (N. 25° -34' E.) eighty-six (86) feet to the South line of said land formerly of Thoodore Chase: thence South eighty-six degrees West (s. 86° W.) but everywhere following seil South line of Chase, ten (10) feet, more or less, to a stone post set in the ground inthe Wostern line of said private way; thence on same course still following the Southern line of said land of Chase, five hundred and eighty-five (535) feet to the place of beginning, containing six and five-tenths (6.5) scres, more or less, Being E percel of land m riced "Lot C. upon said plan. A strip of land being part end parcel of Lot C. is hereby conveyed expressly subject to the following re- etrictions, not conditions subsequent, to wit:- 54 454-543 5- First: That no building or other structure of any part thereof shall ever be erected or maintained thereon, O' unon any part OI the same. Second: That no poles or wires for electrical or other service carried on or above ground and no water pipes 01 other pipes on or above tho surface of the ground, shall ever be laid or maintained thereon, or upon any part thereof. Third:- - That no yurds or enclosures, such as yards for animals or poultry, stable yards, laundry yards or yards for storage, shall ever be maintained upon any part thereof. Fourth: That no manure or garbage hesps, garden or other refuse or any other obvious source II didfigurement or annoyance to either sight or smell, shall ever be deposited upon any part therof. The object and purpose of tie above restrictions is to preserva the besuty of the roadsides and the pleasantness of the roads to those abutting on or using tham. The strip of land hereby conveyedsubject to the abovo restrictions is described as follows:- Bounded on the South by the North line of said private way; on the east by a production of above the Westerb line of Lot D. herein described; on the North by a line Offailel with The North line of said private way and everywhare fifty (50) foot distant therefrom; 55 454-543 6- and on the west by the Restorn line of said lot hareinabove Rescribed 85 conveyed. The Grantes becein for himself and his aelis by acceptence of this deed Govenants and agrees with the Grantor herein, her Heirs and Assi US, that no pass of said strip of land fifty feet wide next hereinebove described shall ever be used for say purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall run with the land and be binding upon the Grantee and all Lume owners and tenents thereof in favor of the Grantor, her Hoirs End Assigns and all future owners ana tenente of her estate lying Southerly and E sterly of "ofd Farm" so-cilled, and all oarts thereof. including tnc lot of land convyed by the Grantee herein to the Grentor herein by dood bearing even date herewith, But neither said Grentee herein, nor his Hoirs. nor any future owner or tonant of said restricted strip of land or any part thereof shall be personally liable for any violation of Said restrictions by his or their Grantees or Lessees. Gasenth faveral E+7 tother lad, 56 454-543 7- And I the said M tilda 0. Marioe for the considers - tion aforesaid do hereby impose similer restrictions upon the atrio of land, being port 2226 parcel of Lot E, 85 shown upon said plan, said strip of land being bounded and (1.0- scribed as follows: Bounded Northerly by the Southern line 01 said private way first insreinabove mentioned; Castorly by the Western line of said Lot D. ; Southerly by a line parallel with the Southern line of said private way and overywhere fifty feet distant theratrom: and Westerly by Lot F. shown upon said plan, being the same lot conveyed by seid 00 siya to said Markoe by deed bearing even dete herewith. And the said Grantor hersir for herself and her Heirs, hereby covenants and agrees with the said Grantee herein, his Heirs and Assigns that 110 part of said strip of land fifty feet wide, next hereinandve described 6 2811 ever be used for any purpose prohibited by the restrictions above set forth. It is agreed that said restrictions shall oun with the land and be binding upon said Grantor and all tuture omers and tenants thereof in favor of asid Grantee, his Heirs and Assisms and all future omere and tenante of the lot herein describad as conveyal and all future OWNEYS and tenents of the Grantees estate known 8E "01] Farm" or any part thereof. 57 454-543 8- But neither the said Grantor herein 110. her Heirs nor any future owner of said strip of land or any part there- of snall be personally liable for my violation of said restrictions by her 01 Their Grantees or Lessees. Said ways and restrictions are expressly excepted from the operation of the covenants hereinafter contained. 58 50 fort straiges hume des B Dour in his and upon to a of Lot 7 imposed restrictions the hay them consent to int upon a strip to or ft wide standing adjoining the DanoRd, + upon a strip good 57 finde adjoining the fcloomes Stead RoadH These strips are shown out the accompling shitch in red R the stips restricted This ship is well is The HATE strip ser forth on pay - was restricted for the purpose of pusiness the beauty of the wonderfist Her pleasantness of the coods to these absting or using . Them MORTGAGES AND DISCHARGES Vol. 2, Page 557. Mortgage Deed. Dower not released. Dated Sept. 2, 1794. Recorded Sept. 8. 1794. Henry Higgins end Stephen Higgins -to- Senuel Jackson. 7. This is a mortgage of Lot No. 3) givon to secure the EUM of 105 pounds. Samul Jackson discharges the above mortgage to Henry Higgins and Stephen Higgins by quitclaim deed dated June 16, 1800 and recorded May 7, 1805 in Vol. 16, Page 191. The register recites that the above discharge was taken from back of the original mortgage deed, recorded Lib. 2, Pol. 280. Vol. 2. page 280 has beon renumbered, now being Vol. 2, Page 557. 107 124 Vol. 80, Page 348. Mortgage Deed. Dower released. Dated October 20, 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Deen Higgins is Eunice his wife. Deed recited that consideration was paid by Deen Higgins. Consideration of $1,000. This is a mortgage of the samo land described in the deed from Stephen Higgins et als to Deen Higgins. recorded in Vol. 42, Page 311. (Lot No. After the acvenants the following appears: PROVIDED NEVELTHELESS That if the said Charles Bunker his heirs, executors 02 administrators, shall well & truly provide suitable meintenance for the said Deen Higgins end Eunice Higgins his wife, during their natural lives and more pa ticularly according to a certain bond given this day by the said Charles Bunker to the said Daen Higgins & wife, then this deed shall be void; otherwise snall remain in full force &c virtue. 108 /25 Vol. 81, Page 130. Bond. Dated October 20, 1846. Recorded Dec. 31, 1846. Charles Bunker -to- Deen Higgins and Eurice Higgins his wife and the survivor of them. This is a bond for $1,000. The condition of the above obligation is such that wheress it has been agreed between me the said Bunker and said Higgins/and his said wife it would be suitable to provide for their future comfort by having some person engated to take that charge upon himself and whereas said Higgins has according thereto proposed to give me E deed in fee with warranty of ell the recl estate he owns, being his farm lani whereon he now lives in said Eden, on con- dition that I will give to nim and his wife a bond as above with condition for their maintenance during their lives, together with a deed in fee with warranty and of mortgage conditioned to be void on fulfillment of the conditions of this bond, to all which I have agreed and in fulfillment of which agreement this bond is now made. Now therefore the condition of the aforesaid bond is such that if I the said Charles Bunker, my heirs, executors, administrators, or assigns shell and do during the natural lives of the said Deen Miggins and Eunice nis wife and of the survivor of them well and faithfully provide for them at my table or ct one of their own as 126 109 81-130 -2 they shell choose, all such necessary food and drink as is suited to their and my rink and condition in life and all necessary raiment suited to rank and conditions as aforesaid, with ell such things in sickness and health as missing reasonably be understood to be included in the term maintenance, having regard to their comfort as for as that c.n be reasonably es Dected in the house wherein I live or my live on the seil land (unless it should be thought best to remove) + Then the aforesaid obligation to be null and void, otherwise to remain in full force & virtuo. 110 127 SUMMARY Incumbrances. Insurance 2) a strips of land 50 fr ricks adjoining the Dru Rd is sub- just to restrictions, see page - INCUMBRANCES. 1. So much of the private ways, Old Post Road and the Dorr Road, and the Public way, the Schooner Head Road (one half of their width) as lies upon the locus is sub- fact to rights of way in others. 2. Lot D. is subject to certain restrictions im- nosed for the benefit of Lot C. , land lying north of the Dorr Road, sea page 61. 3. j strip of land along the southern boundary is subject to a wey for electric line, see pagell4. 4. Ambrose Higgins and his wife gave a mortgage to secure a bond for their maintenance. The conditions were undoubtedly broken. Ambrose Higgins died prior to 1843 and while his hairs might have performed the condi- tions, they apparently did not. as Dean Higgins in 1846 conveyed the property to Charles Bunker, and received back a mortgage securing a bond for the maintenance of himself and wife. I have been unable to determine de- finitely whether the conditions of this bond were ful- - filled. It is mynopinion, however, that they were sat- isfactorily performed. 5. There are certain restrictions in reference to the use of the Dorr Road, see page 101. S.All the appurtenant ways are to be used in common with others having rights. DOWER. In & few of the very early deeds dower was not released, T believe, however, that the land in ques+- tion was then what is termed "wild land" and as such was not subject to dower. In all other cases the dower is either re- leased where necessary, or the deed was Riven so long ago that dower rights are now practically impossible. rewrite I find no mortgages, attachments, judgements, lions or other incumbrances affecting the property except as above described and summarized as follows: 1. Rights in the old Post Road, the Dorr Thelocus Hit Roindiction have Road and the Schooner Head Road, the center line forming soming then the western. northurn are esstern boundaries. V2. Rights in common and restrictions upon cortain ways. "Le hope se+7 3. Restrictions imposed upon Lot It for the benefit Lot 3. page 61. su hage 4. May for Electric Line. mulge 5. old mortgage, page 126. In my opinion George B. Durr and The Hanoock County Trustees of Public Reservations have. clear and un- has incumbered title to the property under discussion, with the exceptions set forth in the brief. January 29. 1921. A. H. LYNAM, U. Counsellor at Law. Bar Narbor, Me 189 Bartholemy and Maria Theresa DeGregoire gave to Henry Jackson a warranty deed, being one undivided moiety of Mount Desert Island. The deed was dated August 4, 1792, and recorded in Volume 1, Page 518. The island was partitioned by Commissioners appointed by the Supreme Judicial Court in Massachusetts, whose report was confirmed in 1794 and is found in Volume 2, Page 487. This partition gave the DeGregoires the eastern half of the island which included the locus. Henry Jackson conveyed the same property to William Bingham of Philadelnhia, by warranty deed, dated July 9, 1796 and recorded in Volume 4, Page 74. William Bingham by his will dated January 30, 1804, and proved in this county February 27, 1810, and recorded in the Probate Records Volume 5, Page 365, devised all his American property to five trustees, in trust, two-fifths for his s on and three-fifths for his two daughters. By the terms of his will, the trust ter- minated prior to 1850 and the property became vested absolutely in the son and the heirs of the daughters in the proportions above stated. For the more convenient management of the estate, the property was again put in the hands of trustees, Joseph Reed Ingersoll, then United States Minister to Great Britain, and John Craig Miller of Philadelphia, being selected as Trustees. The trust under which these trustees claimed title was created by the following conveyances: deed dated December 17, 185฿ and recorded in Book 98, Page 144; deed dated June 21, 1849 and recorded in Book 166, Page 302, deed dated July 18, 1853 and recorded in Volume 98, Page 150; will dated June 11, 1855 and recorded in the Probate Records Volume 52, Page 156; deed dated April 11, 1861, and recorded in Volume 143, Page 343; deed dated August 12, 1862 and recorded in Volume 143, Page 346. The said trustees were given the fullest powers to sell and convey and make and execute deeds of any or all of the property and their grantees are absolved from all responsibility as to the application of the proceeds. It was further provided that the surviving trustee shallhave power to fill any vacancy caused by death, or otherwise. There is another clause in these trust deeds pro- viding that the cestuis que trust may revoke or annul the trust at any time by an instrument in writing executed in the manner described in the trust deed. The court of last resort in this state has decided that the Bingham trust is not violative of the rule against perpetuities and that the titles derived under it are clear so far as this objection is concerned; see Pulitzer vs. Livingston, 89 Maine Report Page 359. In 1867 Mr. John Craig Miller having deceased, William Bingham Clymer was appointed to fill the vacancy, and conveyances were made and executed vesting the pronerty in Messrs. Ingersoll and Clymer. See deeds dated Decem- ber 4, 1867, and December 12, 1867, and recorded August 26, 1868, and June 30, 1894, in Vol. 132, Pages 49 & 52, and Vol. 282, Pages 28 & 35. In 1868 Joseph Reed Ingersoll having deceased, Charles Willing was appointed trustee to fill the vacancy and conveyances were executed vesting the property in Messrs. Clymer and Willing as Trustees. See deeds dated April 22, 1868, and recorded August 28, 1868, in Vol. 132, Pages 56, 60, 64 and 69. In 1873 William Bingham Clymer having deceased, Chapman Biddle was appointed to fill the vacancy, and conveyances were made and executed vesting the title in Messrs. Willing and Biddle as Trustees. See deeds dated August 11th, 1873, and recorded Aug. 25th, and 27th, 1879, in Vol. 167, Bages 18, 25, 39 & 46. Bartholemy and Maria Theresa DeGregoire gave to Henry Jackson a warranty deed, being one undivided moiety of Mount Desert Island. The deed was dated August 4, 1792, and recorded in Volume 1, page 518. The island was partitioned by Commissioners appointed by the Supreme Judicial Court in Massachusetts, whose report was confirmed in 1794 and is found in Volume 2, Page 487. This partition gave the DeGregoires the eastern half of the island which included the locus. Henry Jackson conveyed the same property to William Bingham of Philadelnhia, by warranty deed, dated July 9, 1796 and recorded in Volume 4, Page 74. William Bingham by his will dated January 30, 1804, and proved in this county February 27, 1810, and recorded in the Probate Records Volume 5, Page 365, devised all his American property to five trustees, in trust, two-fifths for his son and three-fifths for his two daughters. By the terms of his will, the trust ter- minated prior to 1850 and the property became vested absolutely in the son and the heirs of the daughters in the proportions above stated. For the more convenient management of the estate, 38 the property was again put in the hands of trustees, Joseph Reed Ingersoll, then United States Minister to Great Britain, and John Craig Miller of Philadelphia, being selected as Trustees. The trust under which these trustees claimed title was created by the following conveyances: deed dated December 17, 1851 and recorded in Book 98, Page 144; deed dated June 21, 1849 and recorded in Book 166, Page 302, deed dated July 18, 1853 and recorded in Volume 98, Page 150; will dated June 11, 1855 and rec orded in the Probate Records Volume 52, Page 156; deed dated April 11, 1861, and recorded in Volume 143, Page 343; deed dated August 12, 1862 and recorded in Volume 143, Page 346. The said trustees were given the fullest powers to sell and convey and make and execute deeds of any or all of the property and their grantees are absolved from all responsibility as to the application of the proceeds. It was further provided that the surviving trustee shallhave power to fill any vacancy caused by death, or otherwise. There is another clause in these trust deeds pro- viding that the cestuis que trust may revoke or annul the trust at any time by an instrument in writing executed in the manner described in the trust deed. The court of last resort in this state has decided that the Bingham trust is not violative of the rule against perpetuities and that the titles derived under it are clear so far as this objection is concerned; see Pulitzer vs. Livingston, 89 Maine Report Page 359. In 1867 Mr. John Craig Miller having deceased, William Bingham Clymer was appointed to fill the vacancy, and conveyances were made and executed vesting the property in Messrs. Ingersoll and Clymer. See deeds dated Decem-- ber 4, 1867, and December 12, 1867, and recorded August 26, 1868, and June 30, 1894, in Vol. 132, Pages 49 & 52, and Vol. 282, Pages 28 & 35. In 1868 Joseph Reed Ingersoll having deceased, Charles Willing was appointed trustee to fill the vacancy and conveyences were executed vesting the property in Messrs. Clymer and Willing as Trustees. See deeds dated April 22, 1868, and recorded August 28, 1868, in Vol. 132, Pages 56, 60, 64 and 69. In 1873 William Bingham Clymer having deceased, Chapman Biddle was appointed to fill the vacancy, and I conve yances were made and executed vesting the title in Messrs. Willing and Biddle as Trustees. See deeds dated August 11th, 1873, and recorded Aug. 25th, and 27th, 1879, in Vol. 167, Rages 18, 25, 39 & 46. Markere Lot DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT February 2, 1921. George B. Dorr, Esq., National Park Service, Department of the Interior, Washington, D.C. Dear Mr. Dorr:- In regard to the Markoe gift of three lots to the Government, comprising lots D.E. and F. , I beg to say that lot F. was conveyed by you to Mrs. Markoe, Mrs. Markoe previously owning D. and F. Lot D. was conveyed by Mrs. Markoe to you and you reconveyed lot D. to Mrs. Markoe for her life time. Mrs. Markoe then conveyed her interest in D.E. and i. to the Hancock County Trustees of Public Reservations, so that now you and the Hancock County Trustees of Public Reservations have deeds to the whole tract. I am enclosing a rough illustrative sketch of the lots. Upon receiving your telegram, I got such typewriting help as I could and have finished 127 pages of the abstract. I then laid it to one side to go on to the other more pressing work. Yours very truly, AHL-M Marke for DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT February 8, 1921. George B. Dorr, Esq., University Club, Fifth Ave. & 54th St., New York City. Dear Mr. Dorr:- The abstract of the Markoe lot revised to include only lots E and F and appurtenant rights shows the title to be in the Reservations, and subject to the following incumbrances: 1. So much of the Dorr Road, The Old Post Road and the Schooner Head Road as lies un on the locus it their width) is subject to rights of way in others. 2. A strip ten feet wide crossing the southern end of lot E is subject to a way for an electric line (marked "pole line"). 3. There are certain restrictions in reference to the use of the Dorr Road, restrictions against maintaining poles, wires or pipes on or above the surface of the ground and res- trictions as to granting rights to others. 4. A strip of land ( part of E and F) fifty feet wide ad- joining the Dorr Road (marked in red on the enclosed sketch) is subject to certain restrictions, the purpose of which is to DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT -2- preserve the beauty of the roadsides and the pleasantness of the rods to those abutting, or us ing them. Appurcenant rights Restrictions similar to those imposed upon lots E and F described in the preceeding paragraph have been placed for the benefit of lots E and F upon a strip of land fifty feet wide lying on the northern side of the Dorr Road adjoin- ing lots ET and F and upon another strip of land fifty feet wide lying on the western side of the Schooner Head Road and adjoining lot F. I have not as yet inquired whether the taxes are paid. . In 1909 Mrs. Markoe conveyed to the Reservations a tract of land marked"G" on the enclosed sketch, the east- ern side line being the western side of the Schooner Head Road. Before completing the abstract, I am writing to see whether you want this lot (G) included or not and whether you have any further suggostions. Yours very truly, AHL-M DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT -2- preserve the beauty of the roadsides and the pleasantness of the rods to those abutting, or using them. Appurcement rights Restrictions similar to those imposed upon lots E and F described in the preceeding paragraph have been placed for the benefit of lots E and F upon 8 strip of land fifty feet wide lying on the northern side of the Durr Road adjoin- ing lots 12 and F and upon another strip of land fift, feet wide lying on the western side of the Schooner Head Road and adjoining lot F. I have not as yet inquired whether the taxes are paid. In 1909 Mrs. Markoe conveyed to the Reservations & tract of land marked"G" on the enclosed aketch, the east- orn side line being the western sine of the Schooner Head Road. Before completing the abstract, I am writing to see whether you want this lot (G) included or not and whether you have any further suggestions. Yours very truly, AHL-M Ltd Lot E Nowfold family makae Marker Lot DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE LAFAYETTE NATIONAL PARK BAR HARBOR, MAINE OFFICE OF THE SUPERINTENDENT February 8, 1921. George B. Dorr, Esq., University Club, Fifth Ave. & 54th St., New York City. Doar Mr. Dorr:- The abstract of the Markoe lot revised to include only lots E and F and appurtenant rights shows the title to be in the Reservations and subject to the following incumbrances: 1. So much of the Dorr Road, The Old Post Road and the Schooner Head Road as lies upon the locus 1 their width) is subject to rights of way in others. 2. A strip ten feet wide crossing the southern end of lot E is subject to a way for an electric line (marked "nole line"). 3. There are certsin restrictions in reference to the use of the Dorr Road, restrictions against maintaining poles, wires or pipes on or & bove the surface of the ground and res- trictions 88 to granting rights to others. 4. A strip of land (part of E and F) fifty feet wide ad- joining the Dorr Road (marked in red on the enclosed sketch) is subject to certain restrictions, the purpose of which is to