Edward V- (20-25yrs-) F invoid (Malcom y Daylee Phila delphia maitin + Co 111 South 15 th st - N buy Band(formerly) E by Seal Harbor South Town Landing West by Town Road 37 500 for finued all land cantof # Town Rd rising night A cross southern portion of the property with a sewer pupe which shall be buried and corrected beyond low tide! Arigmal dud Cna & Malum Daylar returned to mo Amallidy NW 30/RS ESTABLISHED 1881 MARTIN & Co.,INC. INVESTMENT BANKERS 111 SOUTH PIFTEENTH STREET PHILADELPHLA November 16th, 1928 H. A. Lynam, Esquire, Bar Harbor, Maine Dear Sir: I have received from Mrs. Dora M. Smallidge, the deed conveying a portion of my land in Seal Harbor, Maine, to Mr. John D. Rockefeller, Jr. and having signed said deed, have forwarded it together with a letter, copy of which is enclosed, to the Bar Harbor Banking & Trust Company, who hold the First Mortgage on this property. I would request that if the procedure outlined therein is to your liking that you settle with the Bar Harbor Banking & Trust Company on Tuesday, November 20th, in the sum of $37, 500, and I presume that they will give you sufficient and proper guarantees of the satisfaction of the mortgage on the property. I have formulated this manner of settlement without con- sultation with either you or the Trust Company, and should there be any legal or other difficulties apparent to you, I would appreciate your communicating with me at once. Any other reasonable procedure would be accept- able to me. Please accept my thanks for your good offices in this connection. Very truly yours, MGD:AAM enc November 16, 1928 Bar Harbor Banking & Trust Company Bar Harbor, Maine Attn. Mr. Vernon G. Wasgatt, Asst. Treas. Dear Sirs: I enclose herewith a deed signed by me conveying to John D. Rockefeller, Jr. certain portions of the property which I own in Seal Harbor, Maine, covering which your Company owns a First Mortgage in the total sum of $15,000. It is my understanding that Mr. Rockefeller, through his attorney, A. H. Lynam, Esquire, is prepared to make immediate settlement for the above property as described in the deed, in the sum of $37,500, when and as the deed is delivered to him properly signed. In order that your rights may be protected in this matter, I am requesting Mr. Lynam to make payment to you on Tuesday, November 20th, of the above sum for my account, and I hereby authorize you to use $15,000. of this money, together with interest at the rate of 6%,to the date of settlement, toward the satisfaction of the First Mortgage which you hold. In as much as the taxes have been paid for the current year, I know of no other deductions to be made from the principal sum which you will hold in my behalf, excepting only a. sales commission of 4% of the total purchase price, or $1500, pay- able to Dora M. Smallidge, Real Estate Agent, Seal Harbor, Maine. It is immaterial to me whether this commission is paid direct by you to her or by me after I receive settlement from you. If all of the above is satisfactory to yourselves and Mr. Lynam, to whom I am sending a copy of this letter, will you kindly give the matter your attention, and send me on the day of settlement New York funds for the balance due. Should there be anything concerning this transaction not in accordance with your wishes, or those of Mr. Lynam, kindly communicate with me by telegraph upon receipt of this letter. Very truly yours, MGD:AAM P. S. Enclosed is a copy of my communication to H. A. Lynam, Esq. 26 Broadway New York October 1st 1928 Dear Mr Lynam We shouldbeglad to have the erchants Fire Assurance Corporation look afterthe insuranceon the Douglas property which Mr Rockefellerisbuying at Seal Harbor. The Company would usethe Fred C Lynam Company agency, as in other instances. Will you please sendthe policies covering theproperty to us, as soon as convenient, that we may completethe arrangement ? Very truly, Robert Gumble Mr AH Lynam, Bar Harbor, Maine. KNOW ALL MEN BY THESE PRESENTS: That I, Malcolm G. Douglas of Philadelphia, Philadelphia County, State of Pennsyl- vania, in consideration of one dollar and other valuable consid- erations paid by John D. Rockefeller, Jr., of the city, county and state of New York, the receipt whereof I do hereby acknowl- edge, do hereby GIVE, GRANT, BARGAIN, SELL AND CONVEY, unto the said John D. Rockefeller, Jr., his heirs and assigns forever, two certain lots or parcels of land situated in the village of Seal Harbor, town of Mount Desert, Hancock County, Maine, toget- her with the buildings thereon and the furniture, furnishings and equipment therein, particularly bounded and described as follows, to wit:- First Lot: Beginning at low water mark on the west side of Seal Harbor, and in the southerly line of land formerly of Rufus R. Thomas, deceased, and following said line westerly to a rock marked with a cross at or near high water mark, and at the south-west corner of said land formerly of said Thomas and the south-easterly corner of land formerly of George W. Bracy later of John W.Somes, Eben M. Hamor, Roscoe G. Salisbury, Eliza J. Whiting, and Pamelia W. Bowen, and being the lot next below described as conveyed; thence south sixty degrees west, but everywhere follow- ing the southerly line of said land formerly of Bracy and the southerly line of land formerly of George B. Cooksey four rods to the center of the town road leading from the county road to Crown- inshield's Point; thence generally southerly but everywhere fol- lowing the center line of said town road to land formerly of Cora E. Pinkham; thence north eighty-two degrees east following the northerly line of said Pinkham's land across the shore or beach to low water mark of Seal Harbor; thence northerly following low water mark two hundred four feet more or less to the point of beginning. Second Lot: Beginning at a bolt in the easterly side of the present town road leading from the county road to Crowninshield Point at the south-westerly corner of that cer- tain lot described as conveyed in the deed from Eben M. Hamor and others to William M. Griswold, dated August 1st, 1893, and recorded August 14th, 1893, in Book 272, Page 380, of the Han- cock County Registry of Deeds; thence south eighty-five de- - grees fifteen minutes east, but always following the southerly side line of said lot so conveyed to Griswold three hundred and thirty- six feet to the southeasterly corner of said Griswold lot in line of land formerly of Rufus R.Thomas, deceased; thence south five degrees and forty-five minutes west, but everywhere follow- ing the westerly line of said Thomas lot five hundred and twenty- seven feet, more or less, to the northerly line of the parcel hereinabove described as conveyed; thence south sixty degrees west, but everywhere following the northerly side line of said par- cel first hereinabove described as conveyed sixty-seven feet, more or less, to the centre of the aforesaid town road leading from the county road to Cowninshield Paint; thence generally northerly, but everywhere following the centre line of said town road to the westerly production of the southerly line of the aforesaid lot conveyed by Hamor and others to William M. Griswold August 1st, 1893; thence south eighty-five degrees and fifteen minutes east, but everywhere following the westerly production of said southerly line of said Griswold lot sixteen and one half feet, more or less, to the point of beginning, containing four acres, more or less. Meaning and intending to include and convey a por- tion of the first lot and all of the second lot conveyed to Edward V. Douglas by John W. Somes et als, by warranty deed dated March 13th 1902, and recorded in said Hancock County, Maine, Registry of Deeds, Book 378, Page 197. This conveyance is made expressly subject to all and the same rights and easements mentioned and described as numbers 1 to 4 inclusive, in said deed from Somes et als to Douglas. Reference is expressly made to said deed and re- cord for a full description of said property and for a full description of said rights and easements. Also excepting and reserving to the grantor herein the right to construct and maintain, in a reasonable and proper manner, buried and concealed beneath the surface of the ground along its entire length, a sewer pipe throughout the length of a strip of land six feet wide along the southern line of the lot firstyhereinabove described as conveyed to and beyond ex- treme low water mark. TO HAVE AND TO HOLD the aforegranted and bargained premises with all the privileges and appurtenances thereof to him the said John D. Rockefeller, Jr., his heirs and assigns, to their use and behoof forever. AND I DO COVENANT with the said Grantee, his heirs and assigns, that I am lawfully seized in fee of the premises; that they are free of all incumbrances; that I have good right to sell and convey the same to the said Grantee to hold as afore- said; and that I and my heirs, shall and will WARRANT AND DEFEND the same to the said Grantee, his heirs and assigns forever, against the lawful claims and demands of all persons. IN WITNESS WHEREOF, I, the said Malcolm G. Douglas, and I, ,wife of the said Malcolm G. Douglas joining in this deed as grantor, and relinquishing and convey- ing my rights by descent and all other rights in the above des- cribed premises have hereunto set our hands and seals this 16 day of November in the year of our Lord one thousand nine hundred and twenty-eight. Signed, Sealed andDelivered in Presence of Malcolm Grougha STATE OF Prior COUNTY OF Phil SS. November 16, 1928. Personally appeared the above named Malcolm G.Douglas and acknowledged the above instrument to be his free act and deed. Before me, Sa. Mergy No tary Public. (Seal) Molcohn to for Dragon john D Rockafella J 622-474 KNOW ALL MEN BY THESE RESENTS: That the Bar Harbor Banking and Trust Company, a corporation organized and existing under the laws of Maine and having an established place of business at Bar Harbor, Hancock County, Maine, mortgagee and owner of a certain chattel mortgage, given by Malcolm Graham Douglas of the City and County of Philadelphia, State of Pennsylvania, to said Bar Harbor Banking and Trust Company, dated April 19th, A.D. 1927, and recorded in the Town Clerk's office at Mount Desert, Book 11, Page 56, does hereby acknowledge that it the said Bar Harbor Banking and Trust Company mortgagee and owner of said mortgage has received full payment and satisfaction of the same and of the entire debt thereby secured, and in consideration thereof does hereby cancel and discharge said chattel mortgage and release unto the said Malcolm Graham Douglas, his executors, administra- tors and assigns forever the chattels and property therein described IN WITNESS WHEREOF the said Bar Harbor Banking and Trust Company has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by its 9 this day of November A.D. 1928. Signed, sealed and Delivered in presence of BAR HARBOR BANKING AND TRUST COMPAI By. 1 26 BROADWAY NEW YORK COPY. for (mm have September 28, 1928. Dear Mrs. Smallidge: Your telegram of yesterday and letter just received advise me that Mr. Douglas has accepted my offer of $37,500. for all of his land and the buildings thereon on the east side of the County Road at Seal Harbor, he to retain the right, as stated in my letter to you of September 15th, to cross the southern portion of the property with a sewer pipe, which shall be buried and concealed beyond low tide. In Mr. Douglas's reference to this right he omits, as do you in your several letters, this last clause which is underlined. This clause is essential and the trade is made subject to its acceptance, which I take for granted is understood and agreed to. It is, of course, also understood that this purchase includes all of the furnishings and equipment in the house as it stands. I have wired you today as follows: "Referring to telegram of yesterday and letter just received, am prepared to complete deal on terms outlined which it is of course understood as is customary include all of the furnishings and equipment now in buildings and property. Am writing." Mr. A. H. Lynam of Bar Harbor will close the transacti n with you after he has searched the title and is satisfied as to its being without cloud. I am sending Mr. Lynam a copy of this letter. Very truly, Mrs. Dora M. Smallidge, Seal Harbor, Maine. October 11, 1928. Mr. John.D. Rockefeller, Jr. 26 Broadway, New York City. Dear Mr. Rockefeller:- At Mr. Lynam's request I am enclosing herewith copy of the deed from Maleolm G. Douglas to you of the Douglas land at Seal Harbor. Yours very truly, Peal Harbor, Maine, October 22, 1928. Dear Mr. Lynam:- From testimony of residents and from maps on file in Mr. Stebbin's office I find that the town landing referred to in your letter of October 20th is located on the southern side of the lot described in your enclosure. You probably have a description of the landing lot - which on the map is bounded on the south by the Pinkham now the Candage line - and which appears to be a strip of land about 40 feet wide. This landing lot, I understand, was a gift to the town by Mr. Eastman Dodge. Very truly yours, PATRONS ARE REQUESTED TO FAVOR THE COMPANY BY CRITICISM AND SUGGESTION CONCERNING ITS SERVICE 1201 S CLASS OF SERVICE This is a full-rate WESTE RN SIGNS DL = Day Letter NM = Night Message Telegram or Cable- gram unless its de- NL = Night Letter ferred character is in- sign above or preced- UNION LCO = Deferred Cable dicated by a suitable CLT = Cable Letter ing the address. WLT - Week-End Letter NEWCOMB CARLTON, PRESIDENT J. C. WILLEVER. FIRST VICE-PRESIDENT The filing time as shown in the date line on full-rate telegrams and day letters, and the time of receipt at destination as shown on all messages, is STANDARD TIME. Received at BAR HARBOR. ME, 1928 NOV 5 PM 39 226 33=MD NEWYORK NY 5 -1259P== A H LYNAM= BARHARBOR ME= I HAVE NO PLAN OF DOUGLAS PROPERTY WHICH ENABLES ME TO FOLLOW DESCRIPTIONS AND REFERENCES ACCOMPANYING AND CONTAINED IN YOUR LETTERS OCTOBER ELEVENTH AND TWENTY SIXTH PLEASE SEND ROUGH ILLUSTRATIVE SKETCH AT ONCE= JOHN D ROCKEFELLER JR THE QUICKEST, SUREST AND SAFEST WAY TO SEND MONEY IS BY TELEGRAPH OR CABLE November 5, 1928. Mr. John D. Rockefeller, Jr., 26 Broadway, New York City. Dear Mr. Rockefeller: Upon receipt of your telegram reading as follows: " I have no plan of Douglas property which enables me to follow descriptions and references accompanying and contained in your letters October eleventh and twenty sixth Please send rough illustrative sketch at once", I made a rough illustrated sketch of the Douglas property, showing the particulars mentioned in my letters. The red lines indicate the sewer and drain location, being six feet wide. This was granted to Mr. Griswold by John W. Somes and others before Mr. Douglas' ownership, see paragraph 3 3 page 59, of Abstract already forwarded to your office. I have marked the Town Landing, which is five rods wide, out of the southern portion of the Dodge lot. According to deed, there is left seven rods and ten links on the shore. I have included on the sketch the Thomas property, which you are acquiring. ( The portion north of the road.) The small lot coming from S. J. Clement was conveyed sub- ject to a mining lease, commented on in my Abstract of the lot. I November 5, 1928. Mr. J.DeRe,Jr.,-2 do not regard this as a material defect. We are, however, having some difficulty in determining just who should execute the deed of these two lots. I wrote sometime ago asking for Mr. Aldrich's opinion, forwarding to Mr. Heydt copies of my letters and copies of replys from the attorney in Philadelphia. Very truly yours, AHL/y J.D.R.Jr. 10/26/28 -2- I wrote you on October 10th regarding these defects and on October 11th I had a proposed deed forwarded you that you might see the clause regarding the sewer right. The answer to the letter of October 10th was to await Mr. Simpson's report as to the location of the Town landing. He tells me that 1) is out of the Southern side of the Dodge lot, the lot marked X on your sketch, which I return herewith. will you kindly advise me whether you are satisfied to take title to the property subject to the defects as shown above. Yours very truly, October 26, 1928. Mr. John Do Rockefeller, Jros 26 Broadwayn New York City Dear Mr. Rockefeller: A short time ago I forwarded to your office, abstract of the title to the Douglas property at Seal Harbor, which abstract showed the property was subject to a town road and a town landing. No deeds appear of record defining the road or the landing. I therefore maite search at the Town Clerk's office at Northeast Harbor, and found that no legal proceeding was taken until 1883-84 when the Town by condemnation proceedings, laid out the road and landing. In 1894 the road and landing were relocated. Copies of this laying out and relocation I am today. forwarding to your office. Mr. Simpson was of the impression that the town landing was forty feet wide. According to the laying out I interpret the landing to be five rods wide. The property is sub ject to the rights of the public in the land between high and low water mark as well as the town road and also subject to a sewer and drain pipe along the Easterly side of the Bracy parcel and Northerly side of the Dodgê parcel. Oct. 10, 1928. Mr.John D. Rockefeller, Jr. 26 Broadway, New York City. Dear Mr. Rockefeller: I am today forwarding to your office abstract of title of the Douglas property. This property is composed of two lots, one coming through George W. Bracy to ben M. Hamor et als, and the other through John Bracy known as the Dodge lot. The property is subject to various mortgages which will be discharged at the time of taking title. It is sub- jeet to the way which crosses the property, and also the rights of the public in the land between high and low water mark. It is also subject to a sewer and drain pipe within the limits of a six foot strip-adjoining the easterly side of the Bracey parcel and the northerly side of the Dodge parcel, see deed from John W. Somes ct als. to Edward Varian Douglas, page 20. The sewer or drain pipe within the limits of the six foot strip was granted to William M. Griswold, the right being:-"to construct and maintain in a reasonable and proper manner beneath the surface of the ground, see page 60. J.D.R.Jr. 10/10/28 -2 In the deed from Somes to Douglas page 20 the property is conveyed subject to the rights of the public in so much of the town road as is included wi thin the limits of the land hereinabove described as conveyed "and in the town landing so called at or near the end of said town road." This would seem to indicate that the town landing was on a portion of the Dodge lot. I will make a copy of this deed and send it to Mr. Simpson that he may ascertain this point and either advise you or me. The title to the shore in-front of the Dodge lot, ie. the land between high and low water mark depends upon possession. Prior to 1886 the language in the deeds excludes -the shores From 1886 to date the deeds include the shore. I have no doubt the possession is sufficient to give title. Possession of the upland under a recorded deed which includes the shore is possession of the entire tract. Yours very truly, October 11, 1928. Mr. John D. Rockefeller, Jr. 26 Broadway New York city. Dear Mr. Rockefeller: I am instructing my Secretary to forward to you a copy of the proposed deed of the Douglas property that you may see the clause regarding the sewer right. This sewer right is in the same location as the sewer right referred to in the deed to Mr. Griswold shown on page 59, and excepted in the deed to Mr. Douglas shown on page 20. Yours very truly, Form 1206-A CLASS OF SERVICE DESIRED NO. CASH OR CHG. DOMESTIC CABLE TELEGRAM FULL RATE WESTE RN DAY LETTER DEFERRED CHECK NIGHT CABLE MESSAGE LETTER NIGHT WEEK END LETTER LETTER Patrons should checkclass of service UNION TIME FILED desired; otherwise message will be transmitted as a full-rate communication NEWCOMB CARLTON. PRESIDENT J. C. WILLEVER. FIRST VICE-PRESIDENT Send the following message, subject to the terms on back hereof, which are hereby agreed to Bar Harbor, Maine, Nov. 19, 1928. Charles O. Heydt, Esq., 26 Broadway, New York City. Douglas deed here for delivery do not recommend returning it for change stop Unusual put time limit as right repair anytime exists sewer line but few feet across upland Will return deed if you instruct A. H. Lynam ALL MESSAGES TAKEN BY THIS COMPANY ARE SUBJECT TO THE FOLLOWING TERMS: To guard against mistakes or delays, the sender of a message should order it repeated, that is, telegraphed back to the originating office for comparison. For this, one-half the unrepeated message rate is charged in addition. Unless otherwise indicated on its face, this is an unrepeated message and paid for as such, in consideration whereof it is agreed between the sender of the message and this company as follows: 1. The company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the unre- peated-message rate beyond the sum of five hundred dollars; nor for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the repeated-message rate beyond the sum of five thousand dollars, unless specially valued; nor in any case for delays arising from unavoidable interrup- tion in the working of its lines; nor for errors in cipher or obscure messages. 2. In any event the company shall not be liable for damages for mistakes or delays in the transmission or delivery, or for the non-delivery, of any message, whether caused by the negligence of its servants or otherwise, beyond the sum of five thousand dollars, at which amount each message is deemed to be valued, unless a greater value is stated in writing by the sender thereof at the time the message is tendered for transmission, and unless the repeated-message rate is paid or agreed to be paid, and an additional charge equal to one-tenth of one percent of the amount by which such valuation shall exceed five thousand dollars. 3. The company is hereby made the agent of the sender, without liability, to forward this message over the lines of any other company when necessary to reach its destination. 4. Domestic messages and incoming cable messages will be delivered free within one-half mile of the company's office in towns of 5,000 population or less, and within one mile of such office in other cities or towns. Beyond these limits the company does not undertake to make delivery, but will, without liability, at the sen- der's request, as his agent and at his expense, endeavor to contract for him for such delivery at a reasonable price. 5. No responsibility attaches to this company concerning messages until the same are accepted at one of its transmitting offices; and if a message is sent to such office by one of the company's messengers, he acts for that purpose as the agent of the sender. 6. The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission. 7. It is agreed that in any action by the company to recover the tolls for any message or messages the prompt and correct transmission and delivery thereof shall be presumed, subject to rebuttal by competent evidence. 8. Special terms governing the transmission of messages according to their classes, as enumerated below, shall apply to messages in each of such respective classes in addition to all the foregoing terms. 9. No employee of the company is authorized to vary the foregoing. THE WESTERN UNION TELEGRAPH COMPANY INCORPORATED NEWCOMB CARLTON, PRESIDENT CLASSES OF SERVICE TELEGRAMS ard telegram rate for 10 words shall be charged for the transmission of 50 words or less, and one-fifth of such standard telegram rate for 10 words shall be charged A full-rate expedited service. for each additional 10 words or less. NIGHT MESSAGES SPECIAL TERMS APPLYING TO NIGHT LETTERS: In further consideration of the reduced rates for this special Night Letter serv- Accepted up to 2:00 A.M. at reduced rates to be sent during the night and deliv- ice, the following special terms in addition to those enumerated above are hereby ered not earlier than the morning of the ensuing business day. agreed to: Night Messages may at the option of the Telegraph Company be mailed at des- A. Night Letters may at the option of the Telegraph Company be mailed at tination to the addressees, and the Company shall be deemed to have discharged destination to the addressees, and the Company shall be deemed to have dis- its obligation in such cases with respect to delivery by mailing such night messages charged its obligation in such cases with respect to delivery by mailing such Night at destination, postage prepaid. Letters at destination, postage prepaid. DAY LETTERS B. Night Letters shall be written in plain English. Code language is not per- missible. A deferred day service at rates lower than the standard telegram rates as fol- No employee of the Company is authorized to vary the foregoing. lows: One and one-half times the standard night letter rate for the transmission FULL RATE CABLES of 50 words or less and one-fifth of the initial rates for each additional 10 words or less. An expedited service throughout. Code language permitted. SPECIAL TERMS APPLYING TO DAY LETTERS: DEFERRED HALF-RATE CABLES In further consideration of the reduced rate for this special Day Letter service. the following special terms in addition to those enumerated above are hereby Half-rate messages are subject to being deferred in favor of full rate messages agreed to: for not exceeding 24 hours. Must be in language of country of origin or of destina- A. Day Letters may be forwarded by the Telegraph Company as a deferred tion, or in French. This class of service is in effect with most European countries service and the transmission and delivery of such Day Letters is, in all respects, and with various other countries throughout the world. Full particulars supplied subordinate to the priority of transmission and delivery of regular telegrams. on application at any Western Union Office. B. Day Letters shall be written in plain English. Code language is not per- missible. CABLE LETTERS c. This Day Letter is received subject to the express understanding and agree- ment that the Company does not undertake that a Day Letter shall be delivered For plain-language communications. The language of the country of des- on the day of its date absolutely, and at all events; but that the Company's obliga- tination may be employed, if the Cable Letter service is in operation to that country. tion in this respect is subject to the condition that there shall remain sufficient Subject to delivery at the convenience of the Company within 24 hours if telegraphic time for the transmission and delivery of such Day Letter on the day of its date delivery is selected. Delivery by mail beyond London will be made if a full mail- during regular office hours, subject to the priority of the transmission of regular ing address is given and the words "Post London" are written after the destina- telegrams under the conditions named above. tion. Rate is approximately one-third of the full rate; minimum 20 words. No employee of the Company is authorized to vary the foregoing. WEEK-END LETTERS NIGHT LETTERS Similar to Cable Letters except that they are accepted up to midnight Saturday Accepted up to 2:00 A.M. for delivery on the morning of the ensuing business for delivery Monday morning, if telegraphic delivery is selected. Rate is approx- day, at rates still lower than standard night message rates, as follows: The stand- imately one-quarter of the full rate; minimum 20 words. 26 Broadway New York No vember 15th, 1928. Dear Mr. Lynam: Answering your letter of November 13th regarding the sewer right of way across the Dodge lot which you say Mr. Douglas now wants along the southerly line, of course I assume that Mr. Douglas will construct this line very promptly. We should put a time limit on the construction because if we improve the lot, we would not want to have it dug up again nor would he find it economical to return the lot to the same condi- tion as we will leave it if he digs up the place after we are finished. I suggest that you get in touch promptly with Mrs. Smallidge and have a time limit put on the const ruction of the sewer line. Very truly, Mr. A. H. Lynam, Bar Harbor, Me. Doyles deed here for deling Distance across efford so shut n 26 Broadway New York November 10th, 1928. Dear Mr. Lynam: Mr. Rockefeller has turned over to me his correspondence with you with reference to the Douglas lot at Seal Harbor. He is willing to go through with the trade but desires to clarify to some extent the easement which Mr. Douglas wants for a sewer and drain pipe from the property which Mr. Douglas is retaining. On Page 3 of the proposed deed I note that Mr. Douglas reserves the right to construct a sewer pipe along the northerly line of the Dodge lot and I assume this means that he wants to connect it with the present sewer and drain pipe already along the northerly line of the Dodge lot. If that is the case Mr. Rockefeller approves; if it is not the case Mr. Rockefeller would prefer to have the sewer and drain pipe easement to Mr. Douglas located as far south on the Dodge lot as possible. Please advise me which of these easements Mr. Douglas prefers. Very truly, Charcen t Heydr Mr. A. H. Lynam, Bar Harbor, Me. 26 Broadway New York September 28, 1928 Dear Mr. Lynam: This will authorize you to close with Mrs. Dora M. Smallidge of Seal Harbor the purchase which I have made through her of Mr. Douglas's house and all of his land on the east side of the County House Road at Seal Harbor. It is the land marked "Bought" on the enclosed tracing, which please return to me at your convenience. The right of way for a sewer pipe is across the tract marked "X". Please be sure that in the deed in describing this right of way it is clearly stated that the sewer pipe is to be buried and out of sight to a point below low tide during the entire distance that it traverses the property and beyond low tide. I am sending herewith check for $37,500., being the purchase price of the property, for use as soon as you have satisfied yourself as regards the title. Please advise Mr. Ralston when the property is turned over to us. While I have neglected to make mention until my letter herewith of the fact that I assumed all of the furnishings and equipment in the house are included, that, of course, is my understanding, and the trade is made on that basis. That is the basis upon which the Seal Harbor Realty Company has offered and sold its several houses, irrespective of whether special mention was made of furnishings or not. You will recall that the house I recently sold to Mr. Ellis at Seal Harbor carried the furnishings with it,although no mention had been made of them during the nego- tiations. It was thoughtless of me not to have mentioned the furn- ishings in this case, but I never would have dreamed of buying the house at this high price exclusive of them, for while they are not of any particular value in themselves, I suppose it would cost probably $5,000. to refurnish the house now, if the present furnishings, which are good enough for renting, were taken out. Please, therefore, assume that the furnishings are included, and if any objection is made you could say that you are not authorized to proceed with the consummation of the deal except on that basis. Very truly, John Mr. A. H. Lynam, Bar Harbor, Maine. Enc November 13,1928. Mrs. Dora M. Smallidge, Seal Harbor, Maine. Dear Mrs. Smallidge: I am enclosing herewith deed from Mr. Douglas, in * accordance with our talk by phone today. The deed should be executed by Mr. Douglas on the line opposite his signature. If he is married, his wife should sign on the second line and her name should be inserted in the witness clause. If he is not married, the words being unmarried should be inserted and the words " and I, 9 wife of the said Malcolm Go Douglas joining in this deed as grantor, and relinquishing and conveying my rights by descent and all other rights in the above described premises" should be erased by drawing an ink line through them and the word our should be changed to my. It should then be dated. The acknowledgement clause should be dated, the State and County should also be inserted and executed before a notary public who should affix his seal. I assume arrangements will be made to take care of the mor tgages at the time of the transfer. Yours truly, *1 AHL/y November 13, 1928. Mr. Charles O. Heydt, 26 Broadway, New York City. Dear Mr. Heydt: Upon receipt of your letter of November 10th in regard to the Douglas lot, I talked with Mrs. Smallidge. She says that Mr. Douglas expects the sewer right to be along the southerly line of the Dodge lot, instead of the northerly line adjoining the Town Landing, so called. I have therefore redrafted the deed, changing the paragraph you refer to to follow the south- erly line of the Dodge lot instead of the northerly. the para- graph is as follows: "Also excepting and reserving to the grantor herein the right to construct and maintain, in a reasonable and proper manner, buried and concealed beneath the surface of the ground along its entire length, a sewer pipe throughout the length of a strip of land six feet wide along the southern line of the lot first hereinabove described as conveyed to and beyond extreme low water mark." And in view of your letter, I have forwarded the deed to Mrs. Smallidge to be sent to Mr. Douglas for execution. Yours truly, AHL/y A. . Lynam Attorney and Counselor Bar Harbor, Maine, September 2, 1920. Bar Harbor Banking & Trust Company, Bar Harbor, Maine. Gentlemen; In accordance with your instructions I have made an examination of the records at the Registry of Deeds for Hancock County, Maine, with reference to the property described in the mortgage from Cora Douglas to you, dated May 27, 1907 and recorded in Book 439, Page 303. Beginning at the time when Edward Varian Douglas acquired the property, viz. from John W. Somes, Eben M. Hamor, Roscoe G. Salisbury, Eliza J. Whiting and Pamelia W. Bowen by warranty deed dated March 13, 1902 and recorded May 23, 1902 in Book 378, Page 197. The wife of Roscoe G. Salisbury and the husband of Pamelia W. Bowen released the dower. The deed recites that the other grantors are unmarried. This deed conveys the same land set forth in the mortgage referred to and is conveyed subject to various rights in ways, sewer, drains and town landing. Edward V. Douglas (his wife releasing dower) conveys the same property with other land to Joseph Dawson by two deeds, both dated Januray 2, 1903, and recorded September 23, 1903 in Book 397, Pages 328 and 337. Joseph Dawson (his wife releasing dower) A. . Lynam Attorney and Counselor Bar Harbor, Maine, Bar Harbor Banking & Tr Co. -2- 9-1-20 conveys the same property to Cora Douglas by two deeds, both dated January 2, 1903, and recorded September 23, 1903 in Vol. 397, Pages 346 and 354. No conveyance of record appears from Cora Douglas prior to the mortgage, above referred to. Edward V. Douglas (his wife releasing dower) conveys to Grafton W. Pinkham and Clarence B. Pinkham the following parcel of land containing one-fourth of an acre. Beginning at an iron bolt set into the eastern side of a large stone at the southeast- ern corner of house lot now or formerly of East- man W. Dodge, and following the eastern line of said lot now or formerly of Eastman W. Dodge north twenty-two and one-half degrees west four rods and twenty links to an iron bolt in the southerly line of land of Edward Varian Douglas formerly of Somes and others marking the north- eastern corner of said lot now or formerly of Eastman W. Dodge; thence north forty-six degrees east three rods and twanty-two links to an iron bolt marking a corner; thence south thirty-nine and one-half degrees east four rods to a stone with a bolt in its top in the beach; the nce north seventy-four and one-half degrees east passing through an iron rod or pipe driven in the beach to low water mark; thence southerly to a point bearing north seventy-four and one- half degrees east from the first mentioned bound; thence south seventy-four and one-half degrees west to said first mentioned bound, containing one quarter of an acre, more or less. Very truly yours, AHL/CAM Millynoon November 21, 1928. Mr. Charles 0. Heydt, 26 Broadway, New York City. Dear Mr. Heydt: In accordance with your telegram, I have accepted the deed from Douglas, taking title to the property today and entering the deed for record. As soon as it is returned, I will forward it to you. In talking with Mr. Simpson yesterday, with reference to the sewer line, he tells me there is very little, if any, upland, other than the Town Road. In accordance with Mr. Gumbel's letter of October 1st, I have had policies written by Fred C. Lynam & Company, to be looked after by the Merchants Fire Assurance Corporation, to the amount of $20,000. on the real estate and $2000. on the furniture, being the same amount as previously written by Mr. Douglas. I assume this was the procedure Mr. Gumbel desired, as policies had to be written at the time the prop- erty changed hands. If you desire any other ar rangement, it can be made to suit you. I an also enclosing bill for the insurance in the amo nt of $385. Very truly yours, panga 22 December 3. 1928. Mr. M. G. Douglas, 111 South 15th Street, Philadelphia, Penna. Dear Sir: In closing the purchase from you of the land at Seal Harbor, I had to have recorded three discharges from the Bar Harbor Banking & Trust Company, the fee for which I have paid, amounting to $1.50, which please forward me, at your convenience. I am enclosing herewith the discharges, having been * recorded as follows: the personal property mortgage in the Town Clerk's Office in Book 11, page 226; the mortgage given April 19, 1927 in the Registry of Deeds in Volume 524, page 147 and the mortgage given May 27, 1907 in the Registry of Deeds in Book 524, Page 147. Very truly yours, -3 27 October 2, 1928. Mr. John D. Rockefeller, Jr. 26 Broadway, New York City. Dear, Mr. Rockefeller: Your two letters, regarding the Thomas property lying north of the County road and west of the Seaside Inn property, and the Douglas property lying on the east side of the road according to the sketch, have been received. Work has begun on these two matters and will be hurried to completion] Yours very truly, December 10, 1928. Mr. Charles O. Heydt, 26 Broadway, New York City. Dear Mr. Heydt: In answer to your letter of December 7th regarding the Douglas property at Seal Harbor, no inventory for the contents of the house was furnished me, when the property was taken over. If there is anything further I can do for you, please let me know. Yours very truly, December 3, 1928. Mr. Charles O. Heydt, 26 Broadway, New York City. Dear Mr. Heydt: I am enclosing herewith the deed from Mr. Douglas * to Mr. Rockefeller, which has been recorded in the Reg- istry of Deeds for this County, in Book 662, page 424. Very truly yours, *1 26 Broadway New York December 7th, 1928. Dear Mr. Lynam: Was an inventory furnished for the contents of the Douglas house? If so, will you kindly have a copy sent to me. We have arranged to lease the house to President James R. Angell of Yale University. Very truly, Chaires Mr. A. H.Lycam, Bar Harbor, Me. 26 Broadway New York December 5th, 1928. Dear Mr. Lynam: This is to acknowledge the receipt of your letter of December 3rd enclosing deed from Mr. Douglas Lot to Mr. Rockefeller, which was recorded in the Hancock County Registry of Deeds on November 21st, 1928, in Book 662, on Page 424. Very truly, Charles O.Hayds Mr. A. H. Lynam, Bar Harbor, Me. 26 Broadway New York October 23rd, 1928. Dear Miss Marshall: This is to acknowledge the receipt of your letter of October 11th enclosing copy of the deed from Malcolm G. Douglas to Mr. John D. Rockefeller, Jr. of the Douglas land at Seal Harbor. Very truly, Charlee O. Hayts Miss Agnes Marshall, Bar Harbor, Me. October 26, 1928. Mr. Charles O. Heydt, 26 Broadway, New York City Dear Mr. Heydt: I am enclosing herewith copies of the laying out and acceptance by the Town of Mount Desert, of a town landing and road, being the road and landing referred to in the abstract of title to the Douglas Lot at Seal Harbor. I have today written Mr. Rockefeller regarding this road and landing. very truly yours, 26 Broadway New York October 29th, 1928. Dear Mr. Lynam: In Mr. Heyat's absence, I acknowledge the receipt of your letter of October 26th enclosing copies of the laying out and acceptance by the Town of Mount Desert, of a town landing and road, being the road and landing referred to in the abstract of title to the Douglas lot at Seal Harbor. Very truly, Mr. A. H. Lynam, Bar Harbor, Me. for you way hotes. that Sales morning not recognizing you Oct. 10, 1928. Mr. John D. Rockefeller, Jr. 26 Broadway, New York City. Dear Mr. Rockefeller: Upon receipt of your letter with reference to the Thomas property and the Douglas property I got in touch with Mrs. Smallidge for such data as she had and began a search of the title. From Mrs. Smallidge I understood there was haste in closing the Thomas purchase. We have hurried it, therefore, as rapidly as possible and I am forwafding to your office today abstract of the title to the lot, and am in hopes to forward either Thursday or Friday the abstract of the Douglas lot. The Thomas property is made up of two parcels, one a tract out of the original Clement lot containing five and one-half aores, out of which the Thomas heirs conveyed a tract of 1.12 acres, leaving a balance of 4.38 acres. The other parcel of one acre comes out of the Bracy lot, thus making the total Thomas purchase 5.38 acres. A plan of the property is shown on page 2 of the abstract. J.D.R.Jr. 10/10/28 -2 Edwin R. Thomas, one of the heirs, conveyed his interest to Frank B. Stockley trustee, and dower was not released. If Mr. Thomas was married his wife must join in the deed. The title to the large parcel seems to be all right. The title to the smaller parcel, the one acre lot, is in- cumbered of record by a "mining lease". George W. Bracy in 1881, page 30 of the abstract, conveyed to S. J. Clement the lot in question with the following paragraph:- "The above conveyance is subject to a mining lease made to James Flye and Gilbert E. Simpson of Sullivan in County and State aforesaid." I have been unable to find this lease and therefore do not know what conditions were imposed nor whether the lease is in force at the present time. It probably was for a period which has elapsed. Both Flye and Simpson are deceased. So much time has pagsed that I do not regard this as a material defect, neither do I think it advisable to take the matter up with the heirs of Flye and Simpson. It probably has been for- gotten and not hing will ever be heard from it. The same con- dition applies to the western portion of the Barr and Boggs lot. In this case after the covenants in the deed appear the words" that they are free of all incumbrances except a certain mining lease upon conditions made to James Flye and Gilbert E. Simpson of prior date." J.D.R.Jr. 10/10/28 -3 I assume this condition will not interfere with your désire to purchase. I have, therefore, prepared and am forwarding to Mrs. Smallidge today deed to be executed by the owners of the property. Please let me know as early as possible if you are satisfied with the title. Yours very truly,