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Kelly Lot, Otter Creek
Awaa
Vol. 445, Page 439. Mortgage Deed. Dower released.
Dated Feb. 5, 1908.
Recorded Feb. 8, 1908.
Clifton E. Dolliver
-to
Chas. H. Wood
This is a mortgage of all the grantor's real estate
in the County of Hancock to secure the sum of $110. in
four months.
Chas. H. Wood discharges this mortgage by instrument
July
dated June 24, 1908 and recorded July 25, 1908 in Vol. 451,
Page 347.
slw ea
C ED, cougelin 1985
///
Vol. 456, Page 85.
Mortgage Deed.
Dower released.
Dated Dec. 23, 1908.
Recorded Dec. 26, 1908.
Clifton E. Dolliver
-to-
Harriet Shaw
This is a mortgage of all the grantor's real estate
situated in Hancock County to secure $110. in six months.
This mortgage was discharged by Harriet Shaw by in-
strument dated Dec. 27, 1909 and recorded Dec. 28, 1909
in Vol. 464, Page 548.
senva
EED
could
112
bura
Vol. 481, Page 533. Mortgage Deed. Dower released.
Dated Sept. 5, 1911.
Recorded Sept. 20, 1911.
Clifton E. Dolliver
-to-
A. E. Lawrence Company
This is a mortgage of all the grantor's real estate
in Hancock County to secure $424.70.
A. E. Lawrence Co. by V. F. Gooch its Treas. foreclosed
the same by publication in the Bar Harbor Record the first
publication being on Feb. 19, 1913 and recorded March 7,
1913 in Vol. 496, Page 391.
NOTE: The A. E. Lawrence Company acquired n othing
by the mortgage and foreclosure, the property having become
vested in William M. Roberts Trustee by earlier mortgages
which were duly foreclosed see pages
C ED congrd is 1901
113
I, James F. Kelley of Bar Harbor, Hancock County,
Maine, hereby make the following statement of facts in
relation to the parcel of land conveyed to me by Hattie
V. Smith on November 20, 1907, said land being in Bar
Harbor, Hancock County, Maine.
The deed was delivered to me prior to November 25th,
1907, at which time I immediately went into possession
of the property.
I fenced one side, the other sides
being well marked and did not require fences. I immediately
made improvements on the buildings which were on the lot
and moved there and lived upon the lot. I have either
lived upon the lot or tenants of mine have lived upon
the lot ever s ince I have owned it up to last September and
since September I have practically removed the barn, have
been on the property and have had general oversight over it.
The property has been assessed to me by the Assessors
for the Town and I have paid the taxes upon the property since
I have owned it.
Prior to my ownership the property was occupied by
Hattie V. Smith my grantor, and by Herman D. Smith her
grantor for more than two years. Their occupation was
similar to mine.
They lived there and farmed the property
as I did.
98
-2-
My occupation was open, notorious, exclusive and
continuous. I never heard my title questioned nor the
title of my predecessor.
(sgnd)
James F. Kelley
STATE OF MAINE.
Hancock, ss.
February 9th, 1926.
Subscribed and sworn to.
Before me,
(sgnd)
Albert H. Lynam
Notary Public
(Notarial Seal)
99
I, Hattie V. Smith of Bar Harbor, Hancock County,
Maine, bareby made the following statement of facts in
relation to the parcel of land conveyed by me to James
F. Kelley on November 20, 1907.
Prior to my conveying to Mr. Kelley I and my hus-
band lived upon the property, farmed it, cut wood from
it and paid the taxes on it for more than two years.
Our occupation was open, notorious, exclusive and
continuous.
I never heard my title questioned, nor
the title of my husband who conveyed to me.
(sgnd) Hattie V. Smith
STATE OF MAINE.
Hancock ss.
Feb. 9, 1926.
Subscribed and sworn to.
Before me,
(sgnd) Serenus B. Rodick
Notary Public.
(Notarial Seal)
100
I, James F. Kelley of Bar Harbor, Hancock County,
Maine, hereby make the following statement of facts in
relation to the parcel of land c onveyed to me by Hattie
V. Smith on November 20, 1907, said land being in Bar
Harbor, Hancock County, Maine.
The deed was delivered to me prior to November 25th,
1907, at which time I immediately went into possession
of the property.
I fenced one side, the other sides
being well marked and did not require fences.
I immediately
made improvements on the buildings which were on the lot
and moved there and lived upon the lot. I have either
lived unon the lot or tenants of mine have lived upon
the lot ever since I have owned it up to last September and
since September I have practically removed the barn, have
been on the property and have had general oversight over it.
The property has been assessed to me by the Assessors
for the Town and I have paid the taxes upon the property since
I have owned it.
Prior to my ownership the property was occupied by
Hettie V. Smith my grantor, and by Herman D. Smith her
grantor for more than two years. Their occupation was
similar to mine.
They lived there and farmed the property
as I did.
-2-
My occupation was open, notorious, exclusive and
continuous. I never heard my title questioned nor the
title of my predecessor.
(sgnd)
James F. Kelley
STATE OF MAINE.
Hancock, SS.
February 9th, 1926.
Subscribed and sworn to. .
Before me,
(sgnd)
Albert H. Lynam
Notary Public
(Notarial Seal)
I, Hattie V. Smith of Bar Harbor, Hancock County,
Maine, hereby made the following statement of facts in
relation to the parcel of land conveyed by me to James
F. Kelley on November 20 , 1907.
Prior to my c onveying to Mr. Kelley I and my hus-
band lived upon the property, farmed it, cut wood from
it and paid the taxes on it for more than two years.
Our occupation was open, notorious, exclusive and
continuous.
I never heard my title questioned, nor
the title of my husband who conveyed to me.
(sgnd) Hattie V. Smith
STATE OF MAINE.
Hancock SS.
Feb. 9, 1926.
Subscribed and sworn to.
Before me,
(sgnd) Serenus B. Rodick
Notary Public.
(Notarial Seal)
Jane 8,1926.
Mr. John D.Rockefeller, Jr.
26 Broadway,
New York City.
Dear Mr. Rockefeller:
with reference to the purchase of the Zelley lot I
beg to say that Mr. Kelley will not sell his property,
between thirty-nix and thirty-eevon aeres, for seventy-
five dollars an acre. He has hold it at $5,000. but has now
expressed himself as willing to let it go for $4,500.
I have a recollection that in our talk you were will-
ing to pay as high as $4,000. Are you willing to authorize
me to maico a better offer, say up to $4,250.
Yours very truly,
26 Broadway
New York
January 15, 1926.
Dear Mr. Lynam:
Your letter of January 7th regarding the Kelley
lot is received. This lot you state contains 36 or 37 acres,
and Mr. Kelley has declined to accept $75. an acre.
The lot immediately south, containing 7 acres by
deed, marked No. 1, is, if I recall correctly, owned by the
Leffingwells and we have not as yet been able to get a price
from them.
Is the entire Kelley lot necessary for our purposes,
or only the western half, that is the part west of the brook?
Am I right in recalling that Kelley was unwilling to sell
part of his land?
$3700. for the tract would be $100
an acre. I do not see how we really can justify any such
price as this; do you?
If you think there would be any
use in trying to buy it at $100 an acre, perhaps I had better
raise the authorization to that point, and will so do; but
I wonder whether we would do better to let the whole matter
rest.
Very truly,
John D.
Mr. A oH. .Lynam,
Bar Harbor, Maine.
Jan. 21,1926.
Mr. John D. Rocktofeller, JT.
26 Broadway
New York City.
Dear Mr. Rockefeller:
I beg to acknowledge receipt of yours of January 15th.
Unless the front portion of the Kelley lot is absolutely
necebeary for your purpose I do not believe that we can justify
anyprice for the lot beyond 100. an acre.
As soon as I can get in touch with lt.Simpson I will
go over the matter with him and sec what he thinks about
the front portion of this lot being necessary. My recollec-
tion is that when we talked about this lot we felt that the
back portion only was necessary and this Mr. Kolley refused
to sell without selling all.
I understood your desire was to carry S. road west of
the otter Creek Brook northerly to connect with a road ground
the north and of Green Mountain, but later plans were code
carrying the road northerly and then easterly crossing the
Otter Creek Road and running southerly around the southorn
side of Beohive and northerly parallol with the Ocean Drive.
It would soon to ne that the road could run easterly
over land farther north as well as over the Kelley lot, and
J.D.R. 1/20/26
-2
that the front portion of the lot is not necessary.
AS
to this I will take the matter up with Mr. Simpson and
advice you later.
Yours very truly,
January 22, 1926.
Mr. John D. Rockefeller, Jr.,
26 Broadway
New York City
Dear Mr. Rockefeller:
To supplement my letter of January 21 I beg to say that
I got in touch with Mr. Simpson and Mr. Hill and they tell me
that the front end of the Kelly Lot is not absolutely necessary
for the purpose of the proposed road. It seems best therefore
to make an offer for Mr. Kellyls back land and if he will not
sell to endeavor to buy it of any future owner. If you agree
with me how high may I go in an offer for the back land?
Yours very truly,
Jan. 27,1926.
Mr. John D. Rockefellor, Jro
26 Broadway
New York City.
Dear Mr. Rockefoller:
Since writing you on January 22nd I have interviewed Mr.
A.S. Rodick who has the Kelley lot for sale and when I told
him that all we needed was the back land he at once said
he thought we might be able to do something with Mr. Kelley
as Mr. Robort Mokay was anxious to buy the other portion.
I asked Hir. Rodick wha t Mr. Nc Kay wanted to do with the
other portion and he told 'no he had some idea of a sort
of a road house similar to the lancing pavilion at Mount
Desert Bridge.
better well
In view of this would it not be
to offer Mr.
Kelley $4,000. which Hr. Rodick thinks Mr. Kelloy might
be induced to sell for.
Yours very truly,
26 Broadway
New York
February 1, 1926.
Drar Mr. Lynam:
Your letters of January 21st and 22nd regarding
the Kelly proper ty are received. I doubt very much if
the KeIIY 10t on the roadside would make a very desirable
place for 3 roadhouse. My impression is that the threat
of such a use is only a bluff. Of course we may expect
this bluff to be employed increasingly as we show a dis-
position to buy roadside frontage, and we must not allow
ourselves to be stampeded by it. On the other hand, this
property, including the roadside frontage, is fairly
well situated for view, etc. and is probably of greater
value than the lower lying properties in the Otter Creek
district.
You say $75. an acre for the entire tract has
been declined. I authorize you to buy the entire tract
for $4, 000, but feel very confident that you can secure
it for not more than $100. an acre.
Please regard the
higher limit as to be thought of only as a last resort.
In fact, on further thought it may be better for me to
authorize only the $100. an acre, and for you to tele-
graph me if you find you cannot buy it at that but could
at $4,000.
But you see how the matter lies in my mind.
Use your judgment and do the best you can.
Very truly,
John D.
Mr. A.H.Lynam,
Bar Harbor, Maine.
Feb. 1.1926.
Mr. John D.Rockefeller, Jr.
26 Broadway
New York City.
Dear Mr. Rockefeller:
Upon receipt of your letter of the 1st I got in
touch with Mr. Kelley and was told that bewas to conclude
with other parties a trade of the front portion but that
I could have the back portion of the property. 1, of course,
took the position at once that I was to be given the
first right of purchase and after a good deal of argument
they gave me until two o'clook Monday February 8th to either
accept or reject the property at the price of $4100.00.
Whereupon I tolographed Mr. Heydt and received reply back
as follows:- "Telegram received Principal authorizes $4100."
I then again got in touch with Mr. Kelley and agreed to
purchase the property conditional upon the title being good.
The condition of the title is ea follows:
Hattie V. Smith on November 20, 1907 gave & warranty
deed of the property to James S. Kelley and on August 31st 1905
Hattie V. Smith obtained a warranty deed from Horman D.
Smith her husband. Herman D. Smith acquired between 1903
and 1904. Kelley or his tenants have occupied the property
since he purchased and Mr. and Mrs. Smith occupied the property
J.D.R. Jr.
2/9/26
-2
for atleast two years prior to that time, making a period
of over twenty-one years.
They lived upon the property,
farmed it and had apparently full possession.
It appears, however, that Mr. Smith did not obtain
deeds of the entire ownership.
John A. Peters of Ells-
worth owns a/30.
The devisees of Myer Gallert own 1/30
but his executor John A. Peters has right of sale. Matilda
Friend owns 2/30.
These people apparently never have
claimed any ownership in the property and I have no doubt
the possoscion of Mr. and Mr. Smith and Mr. Kelley has been
sufficient to give good title. However, I an today writing
Mr. Peters telling him of the situation and asking him if
he will execute deads in order that the record title may
be free from defect.
As soon as I hear from him I will ddvise you further.
I am enclosing a copy of affidavit made by Mrs. Smith and
one made by Mr. Kelley.
Yours very truly,
Feb. 9. 1926.
Hon. John A. Peters.
United States District Court,
Federal Building,
Boston, Mass.
Dear Mr. Peters:-
- Our plans now lead towards the necessity of acquiring
the Kelleylot at atter Creek. This lot, a copy of the
abstract of the deed is enclosed, wee purchased by Mr.
Zelley of Hattie V. Smith in 1907. Mrs. Smith and her
husband acquired title to this lot some time in 1903 or
1904. Mr. and Mrs. Smith lived on the property for at
least two years before they sold to Mr. Kelley and Mr.
Kelley or people renting of him has had possession over
singe.
I an enclosing a copy of affidavit made by Mrs. Smith
and also by Mr. Kelley.
,From an examination of the title I find that you and
Myer Gallert got a deed 02 1/15 from Leo Khrlich in 1910,
and that Matilda Friend got title to 1/15 from you and 112"
Callert through the J.Waternan & Company mortgage. I do
not find that you, Mr. Gallort or Untilda Friend have over
conveyed the property. I don't suppose that any of you
malte any claim to the property at the present time, especially
J.A.P.
2/9/26
-2
in view of the possession that has been had.
I presune
under the circumstances it would be quite easy to get
releases.
Won't you write me what you feel can be
done in the matter.
Yours very truly,
Team Harry :
10 First
.
after the Smith lot
I will fm you any use
you want eith Jas mylef
to th maticle Animal of may
what you want signal as
as Specialty yn can purpase
th necessary to look to men
to my for X will
tri to for that 9 f /ham
man aufunts what you want
How concer Mn. Fining for tike
Omagene Sincerting third
from ML throug any Waterman
thus Not I will for anything
I can as you Kim
I return your papers and
ya can take it up will
me late
Jeep
10 the 1926
called a murmy c director
Liam John Harry came. I hm
Shan and of this duas does
J.I. Realty Co J - Saturday
I will cover voty any cm
cme from Putting by this
triging that Korean are
I shall be home monday
mariney
We may not for in any
the out Handling Wiza Wellongth
an so small that probath
from x for home let
one financiesty and this after
aheady Marlet to cover them
in will be sufficient
I didut ham any Unny the
h mind a an my
about the atock in the Bridge
Co that was jor to h done
craft to voto to trausfer it as
a part of the same Transacture
-
to be date? the director
what the - of anything - was
Journal will vote to authorize
firm 2 tozly to han yes all stock
a the Buty Co and all intant
in the Bruts annue a th HR
Co- to Leon - What is not quart
cannot owns nothing
in the Bride - only the not -
that is all ya want sug IF?
for me them afart that
form Sat 4 it 4 unusually
in your There to fan any
other votes
,
care.
Vol. 446, Page 84. Warranty Deed. Dower released.
Dated November 20, 1907.
Recorded November 25,1907.
Hattie V. Smith
-to-
James F. Kelley.
A certain lot or parcel of land situated in that
part of said Eden known as Otter Creek and bounded
and described as follows, to wit:-
Beginning at a stone which marks the northwest
corner bound of the Timothy Smallidge lot and south-
east corner bound of the "Notch" lot, so called;
thence by the east line of the " Notch" lot north 4°
5' east eight hundred and eighty eight. and five tenths
(888.5) feet to a stake; thence north a5° east one
thousand nine hundred and sixty (1960) feet to the
center of the road leading from Bar Harbor to the Ocean
Drive; thence south 13° 30' west following the center
of said road Six hundred and eighty five and fourteenth
one hundredths (685.14) feet; thence south 17° west
still following the center of said road One hundred and
four (104)feet to the central point which marks the
intersection of said road leading from Bar Harbor to
the Ocean Drive and the road leading to Otter Creek;
446-84 -2
thence south 87° west following the center of the last
named road three hundred and thirty seven (337) feet;
thence south 58° west still following the road leading
to Otter Creek fifty three (53) feet; thence south
46° 30' west sixty-five and five tenths (65.5)
feet following still the center of the road leading
to Otter Creek; thence south 86° west intersecting at
the westerly side of said road leading to Otter Creek
certain stake and stones marking the northeast corner
bound of the Thomas Smallidge lot, and following the
northern line of said Smallidge lot fourteen hundred and
twelve (1412) feet to the place of beginning, and con-
taining thirty six and seventy five hundredths aores,
more or less.
The above description is from a plan and survey
made by E.W.Hill, C.E. in October 1903, and entitled
"Plan of Survey and Division of property on Otter Creek
Road, Eden, Me.", recorded or to be recorded in the Han-
cook County, Maine Registry of Deeds, and the land herein
intended to be conveyed is represented thereon by three
distinct lot marked respectively .Burrill, H.D.Smith
and H.D.Smith", containing 10.5 10.5 and 15.75 acres
respectively.
446-84
-3
Being the lot of land first described in
a certain warranty deed from Herman D. Smith to
Hattie V.Smith dated August 31, 1905, and recorded
in the Hancock County, Maine, Registry of Deeds,
Book 425, Page 507.
Togother with the buildings thereon.
Feb. 10.
Dear Harry:
About the Smith lot : I will give you any
release you want, either for myself or as executor.
You can prepare what you want signed. As to the
Matilde Friend, it may be necessary to look to her
daughter in New York. But I will try to get that if
I know more definitely what you want. How could
Mr. Friend get title from me through any Waterman
mortgage? Something blind there. But I will fix
anything I can, as you know.
I return your papers and you can take it
up with me later.
J.A.P.
Feb. 10.
Dear Harry:
About the Smith lot: I will give you any
release you want, either for myself or as executor.
You can prepare what you want signed. As to the
Matilde Friend, it may be necessary to look to her
daughter in New York. But I will try to get that if
I know more definitely what you want. How could
Mr. Friend get title from me through any Waterman
mortgage? Something blind there. But I will fix
anything I can, as you know.
I return your papers and you can take it
up with me later.
J.A.P.
Feb. 10.
Dear Harry:
About the Smith lot: I will give you any
release you want, either for myself or as executor.
You can prepare what you want signed. As to the
Matilde Friend, it may be necessary to look to her
daughter in Now York. But I will try to get that if
I know more definitely what you want. How could
Mr. Friend get title from me through any Waterman
mortgage? Something blind there. But I will fix
anything I can, as you know.
I return your papers and you can take it
up wi th me later.
J.A.P.
Feb. 23,1926.
Hon. John A. Peters,
Elleworth, Maine.
Dear Mr. Peters:-
In 1887 Lewis Friend, Charles 0. Morrison, Bryant Bradley,
Willies Vincent and Parker C. food received two deeds of land
in the vicinity of Otter Creak, one of ten sores and the other
of fifty acres.
Under the will of Lewis Friend 1/3 of certain prope ties
including the lots in question passed to Leo Ehrlich who con-
veyed the same to you and Myer Gallert in 1910, try dood recorded
in Vol. 474, Page 106.
1/3 pussed to David Friend who conveyed to Matilda Friend
in 1904, by deed recorded in Vol. 401, Page 411.
Matilda Friend in 1904 mortgaged the same to J. Waterman
Company, Vol. 413, Page 130.
J. Waterman Company foreclosed the mortgage in 1909,
recorded in Vol. 461, Page 830.
J. Waterman Company in 1910 conveyed the sane to you and
Mr. Callert, Vol. 474, Page 154.
You and Mr. Gallert in 1910 conveyed the name to Hatilda
Friend Vol. 473, Page 278.
J.A.P.
The romaining 1/3 passed to Sarah Friend who convoyed
the same to Vernan D. Smith in 1903, Vol. 399, Page 252,
The record title, therefore, SOONS to stand:-
1/15 in you and Myer Gallert.
1/15 in the heirs of Matilda Friend and the remainder
in Herman D. Smith.
James F. Zelley in 1907, Vol. 446, Page 84, obtained deeds
to
a 36.75 acre lot from all the remaining interests. Mr.
Pelley has livedi farmed the property and had possession of
the same since his deed, and the Smiths before him have had
suffioient possession to make more than twenty years actual
possession.
Knowing that you are acquainted with the heirs of Mrs.
Friend could T ask you to comunicate with them with the idea
of getting a release deed in order that the records might be
clear. I an enclosing a copy of the deed to Nr. Kelley and
also a copy of effidavit made by Mr. Kalley and firs. Smith,
a former owner.
Yours very truly,
Enclosure.
P.S. T am enclosing herewith a copy of so much of the mort-
gage as relates to the lots in question.
Part
C
blunc
Vol. 413, Page 130. Mortgage Deed.
Dower released.
Dated August 30, 1904.
Recorded Sept. 22,1904.
Matilda Friend
-to-
J.Waterman Company.
Also one undivided fifteenth part of a certain lot
or parcel of land situated in the town of Eden, Hancock
County, Maine, conveyed to Lewis Friend et als, by Edward
Stanley by deed dated May 9,1887, and recorded in Hancock
Registry of Deeds Vol. 215, Page 393.
Also one undivided fifteenth part of a certain lot of
land situated in the town of Eden, Hancock County, Maine,
conveyed to Lewis Friend et als by George W. Rodick by his
deed dated May 9, 1887, and recorded in Hancock County
Registry of Deeds in Vol. 213, Page 217.
Being the same premises which were conveyed to me,
the said grantor, by David Friend by his deed dated the
fourteenth day of January A.D. 1904, and recorded in the
Registry of Deeds for Hancock County in Vol. 401, Page 411.
Mortgage given to secure the sum of $2,000. in one
year.
NOTE: This instrument includes other land not affecting
the locus.
It is therefore omitted.
Ellsworth, Maine, March 6, 1926.
Mrs. M. R . Friend,
721 Central Ave.,
Lafayette, Ind.
Dear Madam:-
A. H. Lynam, Esq. of Bar Harbor came to see me the
other day and explained that a client of his was buying & lot at
Otter Creek of some thirty acres of a man named Kelley I think
who had occupied it with his predecessors in title for more than
twenty years. and thus would naturally clear up any defect of title,
but Mr. Lynam in examining the record title found 3 as he thinks,
that I own one-fifteenth and that you and your daughters own one-
fifteenth. I satisfied myself that my title was of no value and
gave him a release deed of my interests without consideration. Mr.
Lynam has sent me some papers relating to the matter and asked me
if I would write you the circunstances and inquire whether you would
release. It is not worth any trouble but if you and
would take
your daughters ten dollars a piece for the bother of looking it over
and executing the papers, including any expense of execution, Mr.
Lynam would probably pay it, and I write to ask if you will give me
for him the full names and addresses of your daughters and their
husbands BO that he can make up papers and send to you for signature
in case you are willing to release.
I enclose his letter to me and the other papers he sent
me. I think you will find on inquiry, if you care to make it, that
Mrs. M. R. Friend,
#2 Continued.
you have no interests here of any value whatever. It is simply
to clear the records that Mr. Lynam wants a release deed. I take
it he will make one release deed to be sighed by you and your
daughters and their husbands to be recorded here. If he will do
that and pay you ten dollars each, I should consider it so much
gain if I were in your place.
I found your address through Miss Mary Stuart. I vol-
unteered to write as a favor to Mr. Lynam because he never knew
your family.
I trust that you and your family are well. With kind
regards, I remain
Yours very truly,
JAP-B
March 8, 1926.
Mr. John A. Peters
Ellsworth, Maine.
Dear Mr. Peters:
I am pleased with your letter to Mrs. Friend. I shall
be only too glad to pay the amount you suggested and I hope
we will be able to get releases.
Very truly yours,
April 21, 1926.
Mr. John D. Rockefeller, Jr.
26 Broadway,
New York City
Dear Mr. Rockefellert
In Re. James F. Kelley Lot.
As I wrote you OIL February 9 I agreed with Mr. Kelly to pay
him forty one hundred dollars for his lot in case the title
was good. Quoting from that letter I said, "The condition of
the title is as follows:
Hattie V. Smith on November 20, 1907 g ve a warranty deed
of the property to James 7. Kelly and on August 31st 1905 Hattie
V. Smith obtained a warranty deed from Herman D. Smith her Imsband.
Herman D. Smith acquired between 1903 and 1904. Kelley or his
tenants have occupied the property since he purchased and Mr. and
Mrs. Smith occupied the property for at least two years prior
to that time, making a seriod of over twenty-passpeare. They
lived upon the property, farmed it and had apparently £12.1 possession.
It a pears, however, that Br. Smith did not obtain deeds of the
entire ownership. John A. Peters of Ellsworth owns 1/30. The
devisees of Myer Gallert own 1/30 but his executor John A. Peters
has right of sale. Matilda Friend owns 2730. These people apparently
have never claimed sayownership in the property and I late no doubt
the possession of Mr. and Mrs. Smith and Mr. Kelley has been sufficie
J.D.R. Jr. 4/21/26 -2
a
n
to give good title. However, I am today writing Mr. Peters telling
him of the situation and asking him if he will execute deeds in
order that the record title may be free from defect."
Since writing the above I have obtained a release of Mr.
Peters' 1/30 and also Myar Callert's 1/30. There still is
outstanding 2/30 in the estate of Natilda Friend. Mr. Peters
wrote to the heirs on March 6 but as yet has had no reply. It
is possible that they do not intend to reply.
I enclosed with my letter of February 9 an affedevit of Mr.
KAlley and Mrs. Smith.a former owner, showing that they had
occupied the property for more than twenty years.
It would seem to me that title could be made out by
possession. Still the matter is left open and the e might possibly
be some claim made by these heirs as to the 2/30.
Mr. Kelley who is to give a warranty deed is anxious to
make his sale and wishes to know whether we are not willing to
take title without waiting further.
At the most if these heirs should successfully establish
their title they could get only 2/30.
Shall I accept Mr. Kelley's deed without making Further
endeavor to get a deed from these Friend heirs?
Yours very truly.
26 Broadway
New York
April 27th, 1926.
Dear Mr. Lynam:
Answering your letter of April 21st regarding the
Kelley lot, in view of what of you say about the condition of the
title, Mr. Rockefeller is willing to purchase the property, under-
standing that for the present the 2/30ths interest owned by Matilda
Friend is not included, although possession of the property by
Kelley and previous owners in your opinion voids the 2/30ths interest
above referred to.
I assume we will not drop the effort to secure a
quit claim from Matilda Friend, although in view of what you say,
it does not seem necessary to press the matter.
Very truly,
Mr. A. H. Lynam,
Bar Harbor, Maine.
April 29, 1926.
Mr. Charles 0. Heydt
26 Broadway,
New York City
Dear Mr. Heydt:
In accordance with your letter of April 27 I have
prepared a deed and submitted it to Mr. Kelley for execution.
will you kindly have your office forward me the
consideration, forty one hundred dollars, in order that I
may take title.
It is my intention of course to do what I can to get
a deed from Mrs. Friend.
Yours very truly,
26 Broadway
New York
May 1st, 1926.
Dear Mr. Lynam:
As requested in your letter of April
29th, I enclose check to your order for $4,100.,
covering the purchase of the Kelley tract.
Very truly,
Mr. A. H. Lynam,
Bar Harbor,
Maine.
(Enc.)
May 5, 1926.
Mr. Charles O. Hey&t,
26 Broadway,
New York City
Dear Mr. Heydt:
One of the non working for Mr. Walls, a Mr. John
Shepherd, asked me today if we would rent to him to live
in the small building on the Kehley Lot which we are just
about to buy. He tells no that he has lived in it before
when Mr. Kelley owned it and paid him five dollars per
month.
If you care to have it rented shall I attend to it
or do you wish Mr. Ralston to do so.
Yours very truly.
May 1926.
Mr. A. S. Rodick,
Bar Harbor, Maine.
Dear Mr. Rodick:-
Under the laws 01 this State as you well know & wife
must release her dower in real estate of the husband. The
deed from Hr. Kelley, therefore, should not have had Hrs.
Kolley's name erased. I have prepared a new deed similar
to the old one which should be signed by Mr. James F.Kolley
on the first line opposito his initials and by Mrs. Kelley
on the second line opposite her initials. It should be
acknowledged by Mr. Kelley before some person authorized to
acknowledge deeds, and in view of the fact that I do not know
who is authorized to acknowledge deeds in New Jersey I should
like to have attached a certificate from a Glerk of $h6ourt of
record showing that the officer is authorized to acknowledge
deeds.
I have the money for Mr. Kelley and will hand it to you
immodiately upon recoipt of the dood properly executed.
Yours very truly,
May 8, 1926.
Nr. Charles 0. heydt
26 Broadway,
New York City
Dear Mr. Heydt:
Since writing you about renting the small building on the
Kelley Lot I have talked with Mr. Ralston and be thinks it would
be advisable to let Mr. Shepherd occupy the property without
paying rent but in consideration that he act a.e caretaker,
including clesning up the property near the road.
Yours wwy truly,
26 Broadway
New York
May 18th, 1926.
Dear Mr. Lynam:
This is to acknowledge the receipt of
your letter of May 15th, enclosing the deeds for the
Kelley Lot at Otter Creek, also copies of the deeds
which Mr. Dorr has executed to Mr. Rockefeller for
the same property.
Very truly,
Mr. A. H. Lynam,
Bar Harbor,
Maine.
26 Broadway
New York
May 18th, 1926.
Dear Mr. Lynam:
In view of what you say in your letter of
May 8th about the advisability of having Mr. Shepherd
occupy the small building on the Kelley Lot, we will
abide by the decision whi ch you and Mr. Ralston make to
let him stay there rent free. I assume you will make
the arrangement such so that we can ask Mr. Shepherd to
short notice
leave whenever it seems desirable.
Very truly,
Mr. A. H. Lynam,
Bar Harbor,
Maine.
July 30, 1925.
Mr. Charles 0. Heydt
26 Broadway
New York City
Dear Mr. Heydt:
I am forwarding to you Abstract of Title of four lote near
Otter Creek, three of which are supposed to be owned by No. Dorr,
and the other one, Lot No 1. is supposed to be owned by James 7.
Zolley, a portion of which hay be neccessary to acquire for
purposes.
While working the title to Lot No 1 I found that the title
to the other three could be carried on at the name time with but
very little additional work and bocause of name defects I thought
it wise to do no.
Other than the question 06 taxes referred to on 2age 146
and the mortgage to Cora 3. Bruey Page 148, it will be noted that
James P. Kolley has record title to only 26/30 of Lot No 1 and that
Mr. Dorr has only 26/30 of the remaining lots.
The entire intereet was probably supposed to have been
acquired. This is borne out by the fact that Mr. Dorr and life.
Kelley and those they purchased of have had possession of the
property for some time.
Youre vory truly.
July 30, 1925.
Mr. Charles 0. Heydt
26 Broadway
New York City
Dear Mr. Heydt:
I am forwarding to you Abstract of Title of four lots near
Otter Creek, three of which are supposed to be owned by Mr. Dorr,
and the other one, Lot No 1, is supposed to be owned by James P.
Kelley, a portion of which may be neccessary to acquire for
Mr.mRockefeller's purposes.
While working the title to Lot No 1 I found that the title
to the other three could be carried on at the same time with but
very little additional work and because of some defects I thought
it wise to do so.
Other than the question of taxes referred to on Page 146
and the mortgage to Cora B. Bracy Page 148, it will be noted that
James F. Kelley has record title to only 26/30 of Lot No 1 and that
Mr. Dorr has only 26/30 of the remaining lots.
The entire interest was probably supposed to have been
acquired. This is borne out by the fact that Mr. Dorr and Mr.
Kelley and those they purchased of have had possession of the
property for some time.
Yours very truly,