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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
October 6, 1949     Barnstable Patriot
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October 6, 1949
 
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^^^ " Q T ' C E g nta to Barnstable, over the ,er i ihown on Baid plan or as the Boa( ™«v hereafter be relocated, ? B «antor hereby reserving to ,be ,f its successors and assigns, 'L' licit from time to time to re- the ,i said Roadway, excepting l0C 1 nortlon thereof as adjoins 6 * .ranted premises, and subject ! RHP II other reservations aa are »»• of legal force and effect. o„i,l premises are hereby con- J subject to the zoning laws If tlie Town of Barnstable. Ti,e crnnted premises are con Veyed subject to the following re strlctions: v0 dwelling house or garage de ., * ned for the occupancy by more S one family, and no dwelling house not including garage, costing ?,« than $4000.00 shall be erected i, placed thereon; the granted Semises shall he used for reBl- dentlal purposes only; No buildings shall be erected or rinced on the granted premises nearer than twenty-five (25) feet to said Roadway, and no buildings, other than boathouses and bath- houses, shall be erected or placed on the granted premises nearer loan fifty (50) feet to the average high-water mark ot said lake. These restrictions are Imposed (or the benefit ot the grantor and may be waived in writing by it. There is appurtenant to the premises described in Parcels 6 md 6 herein, a right of way over ;he Road to Lot C as shown on said plan, and a right to use said Lot C for bathing purposes only, is set forth in instrument dated iuly 26, 19<6> recorded with said Seeds in Book 687, Page 123. >arcel 7 A certain parcel of land with he buildings thereon, in the Town fcf Barnstable (Cummaquid), in bid County of Barnstable, bound- ed and described as follows:— Beginning at the Southwesterl y corner of the premises at a point marked by a stake in the Northerly line of the State Highway, and nt Ihe Southeasterly corner of land IOW or formerly of Benjamin F. .'mlth; thence, Northeasterly in line of aid Smith land, four hundred flfty- hree and 66/100 (453,66) feet, nore or less, to a stake; thence, Northerly still in line of and now or formerly of said Smith , six hundred eighteen and 12/100 (618.42) feet, more or less, o a stake; thence, Easterly still in line ot snd now or formerly of Bald mith , sixty (60) feet to a stake; thence, Southerly in line of land ow or formerly ot Charles W. [elson and partly by land now or jrmerly of Joseph Whittemore later Bertha P. Smith) five hun- red eight-six and 78/100 (586.78) tet more or less, to a stake; thence, Southwesterly in line of ist mentioned lands, eighty-three nil 69/100 (83.59) feet, more or ss, to a stake; thence, Southerly still In line of st mentioned lands, two hundred nety-flve and 36/100 (295.36) teet, lore or less, to a stake; thence, Southeasterly atlll in ine of last mentioned lands, one mndred seventy-six and 16/100 176.16) feet to a stake in said northerly line of Bald State High- ly; forty-one and 86/100 (41.86) eet to a Massachusetts Highway iound; thence, Westerly in a curve by aid Northerly line ot said State llghway, one hundred ninety-five ,nd S9/100 (195.59) feet more or ess, to a Massachusetts Highway iound ; thence, Northwesterly in said formerly line of said State High- ay, one hundred thirty-five and 1/100 (136.82) feet, more or less, ) the point of beginning. Containing three and 66/100 3.56) acres, more or less. For a more particular descrlp- Ion of the above described prem- ies, see "Plan ot Land in Barn- table (Cummaquid), Barnstable ilass ., belonging to Noah A. Brad- 'ord (to be conveyed to Eunice Sutherland)" , duly recorded with iarnstaiiie County Registry ot )eeds, Parcel 8 The land situate in said Barn- itable in the Village of BarnBtable, so-called, bounded and described »s follows: (1) Bounded north by land form- «ly of William Dixon, east by said ulxon land or a Town Road, south By land now or formerly . oi harles Nelson and west by land ¦orinerly of William W. Sturgls, and being the same land described n the deed of Annie C. Murphy to Robert Hugh Murphy dated jeptemher, 1927 , recorded with Barnstable County Deeds in Book 449 , Page 106. (2) Bounded north by land now i formerly of Amanda Nelson 144 eet , east by said Nelson land 100 ee , south by said Nelson land 144 eet and west by land formerly oi William sturgis 100 feet, together ftlt h nn unrestricted easement oi o ,n ',T "*? ot C1,ftrles Nelson bei l i.,™"1 the Cmmty Road. and eing the same land described In "i deed of Annie C. Murphy to Robert Hugh Murphy dated Sep B.V2V52^W™?J saTd Parcel 9 °0k ***¦! Pase 405 - stahi ' o '"r," '" nnnwtable, Bam- otmL "!U> \ Massachusetts, rounded and described as fol- lA3!J t8 i n r>nrcel ot land situated Hescriiii ttrn8t ,ablG ' bounded and "bribed ns follows :— lormsr 7 '! ou , th, ^ lana now or n ii,,"1 John Simpkins, the "tone. .? , ?h n,ng at a Btake ^d Premlsa, , the ,c01'ner of the granted S '?nmm y D 1 i a x , on n°W °r < <"* two hlV u,nnlnB' South 22" East WtL?? BlXty-,our and 6/10 t.«nri o l ^ a 8take an « stones; Crel „i° , Uth , 13 ' 15' »»Bt four 'im ^ . (486) *"t0 » *Mioo) °C."' BaBt one hun" •ArS'ot^ ' by ! and now or On tn. v the erantor ; Wum e r»w t t by t h 'l,,rt, of "ld *¦*» SSby the land of saW ¦fttabu i""* ,n, the T °™ °« WDle a'oresald, bounded and L E G A L N O T I C E 8 described as followB :— Northwesterly by land of th , heirs of Emma Cahoon deceased 1 six hundred forty (640) feet mor or less; Westerly by the said heirs o : Emma Cahoon and land of th 1 heirs of Francis T. Bowles threi ; hundred sixty-nine and 12/101 ' (369.12) feet; Northerly by land of the heln ' of Francis T. Bowles , two hundrei ' seventy-eight and 4/10 (278.4; feet; Easterly by land of Hugh Mur ¦ phy and land now or formerly o: the heirs of Charles Nelson threi . hundred and ninety-four and 34/101 i (394.34) feet; Southerly by land of Eunlci Sutherland fifty-seven (57) feet; Again Easterly and Southeaster ly by land of said Eunice Suther . land eight hundred twenty-si: (826) feet more or less; Southwesterly by the brook run ning through land now or formerly j of Alice B. Nickerson. | Containing 7.38 acres more o: less. Meaning and intending to con , vey all that portion ot the prem lses lying North of the brook a shown on a plan entitled "House lot in Barnstable conveyed to Alici B. Nickerson by M. A. Groce, Dec 9, 1926, formerly Benj. F. Smith I. H. Smith, Surveyor. The above premises are cor veyed subject to the following re strlctions: No building other than a sing! dwelling house costing not les than $12,000.00 together with I private garage having a capaclt; for not more than three cars shal be erected on the granted prem Together with the privilege o a 12-foot right of way runnini Northerly from the County Roai over the brook at the Westerl; end of other land now of Alice E Nickerson adjoining land of th heirs of Emma Cahoon. Parcel 10 A certain piece ot beach am meadow land on Long Beach It the Village of Centerville, in sail Barnstable, together with th buildings thereon, bounded and de scribed as follows:— Beginning at a stone bound oi the south side of the Town lioiu at the northwest corner of lane now or formerly of Stacy L. Hall; thence, by land now or formerly ot said Hall, South 3%° West, about one hundred forty-four (144) feet; thence in the same course to the waters of Centerville Harbor; thence westerly, by the waters of said harbor, eighty (80) feet to land now or formerly of Chester Bearse; thence North 3%° East, about ninety (90) feet to the top of the bank by land now or form- erly of said Bearse; thence in the same course still by land now or formerly of said Bearse, one hun- dred forty-four (144) feet to the Town Road ; thence easterly, by the Town Road, eighty (80) teet to land now or formerly of Bald Hall and the point of beginning. Begin- ning again at the first mentioned bound running North 16" West, by land now or formerly of the Heirs of Andrus Bearse, about one hun- dred seventy-six and 8/10 (176.8) feet to a stone bound on the in- side of the dike; thence in the same course about thirty-three (33) feet ,by land now or formerly ot said Chester Bearse, to the waters ot Centerville River; thence south- westerly twenty (20) feet, by the river, to land now or formerly oi said Chester Bearse; thence South 16° East, about two hundred eleven (211) feet to the Town Road; thence easterly, by the Town Road to the point of beginning about twenty-one (21) feet. Reservim to the public any legal rights oi way it may possess over any pari of said premises. Same containt twenty-two thousand nine hundrec (22,800) square feet, be the sami more or less, estimated at meat low water. The above described premise! are hereby conveyed subject ti the restrictions contained in deei of Chester Bearse to George E Boiling, dated January 15, 1917, re corded with Barnstable Count; Deeds, book 360, page 502. Also the land in said Barnstabl shown as Parcel No. 3 on plat entitled "Town of Barnstable, Plai of Long Beach Road, Centerville Barnstable, Massachusetts, as re . located by the Selectmen, Jan. 3( I 1931, Nelson Bearse, Surveyor, and recorded with Barnstabl , Deeds in Plan Book 43, Page 73 said parcel containing seven Inn dred twenty (720) square feet o land, more or less, and being i parcel marked George E. Bollini : on said plan, and being describe! as a parcel discontinued. For tali ing reference is made to instru ment recorded with said Barnstc ble Deeds, Book 480, Page 33S Said parcel is located between th ! Bouth line of the old layout o Long Beach Road and the soutl I line of the 1931 layout of sai> i Road, as shown on said Plan. Parcel 11 The land in Barnstable (Cer i terville), in the County of Barn stable and Commonwealth o Massachusetts, together with tb> buildings thereon, bounded ani described as follows:— Westerly by Lot C as shown oi plan hereinafter mentioned, abou one hundred thirty-six (136) feet Northerly by Lot Dl , sixty-si: and 17/100 (60.17) feet; Easterly by land now or former ly of Prince A. Fuller, forty (40 feet; again Northerly by said Fuller lane forty-three and 57/100 (48.57) feet and again Easterly by Lot G, as shown oi plan hereinafter mentioned, abou two hundred three (203) feet; am Southerly by the Cove. All of said boundaries except th' water line are determined by th Court to be located as shown oi subdivision plan 9288-H date' April 20, 1937, drawn by Bearse I Kellogg, C. Eng'rs, and filed in th Land Registration Office at Boston a copy of which la filed in Barn stable County Registry of Deed In Land Registration Book 26 Pag 12 with CertWeata of Title N< 6072 and said land shown a thereon aa LOT D2. , There is appurtenant to aald lo L E G A L N O T I C E 8 an Easement-of-way for all pur- e poses for which ways are common- I, ly used (including a pole line for 9 telephone and electricity and pipe lines for water and Bewage pur- l poses) In common with Genieve C. 8 Bearse, her successors In title and 3 all others lawfully entitled there- ) to, to and from said Lot D2, from and to the County Road In, over and upon Lot Dl ns shown on plan ¦ 9288-H and in, over and upon Lots . G and H as shown on plan 9288-C filed with Certificate of Title a No. 3688. t There is appurtenant to said , Lot D2, the right to use the pres- I ent pole line for telephone and electricity for and during a period i of two years from the 3rd day of . March 1938, provided the said '. Daniel Goodspeed & Co. Inc., or its . successors in title do not erect a t pole line in the above described Easement-of-way before the ex- . plratlon of said period. i There Is also appurtenant to Bald Lot D2 the right to take water from r the well now located on Lot H and to maintain the present pump and - pump house located on said Lot - H and to maintain the present pipe s line through said Lot H and Lot G i- for and- during the term of two 9 yearB from the 3rd day of March , 1938. Said Lot D2 is subject to such easements-of-way, if any, as are • Bet forth in Certificate of Title No. |- 4626, recorded in Registration Book 22, Page 106, so far as the a same are in force and applicable, s Said Lot is subject te the terms i ot a lease as set forth in Docu- 7 ments No. 14,819, and there is ap- 1 purtenant to said Lot the right , - title and Interest in and to the water pipe line as set forth In I said Document No. 14 ,819 , Barn- ? stable Registry District. * It is certified that said land is " under the operation and provisions ¦ of Chapter 185 of the General B Laws, and my title to said land is registered under sold Chapter, Bii b- ject, however, to any of the en- 1 cumbrances mentioned in Section | 46 of said Chapter, which may be 1 subsisting, and subject also BB 3 aforesaid , and to any and all pub- '" lie rights legally existing in and over the same below mean high 1 water mark. Being the registered land as ' shown on Certificate of Title No, 9121, Land Court Case No. 9288. Parcel 12 The following described parcels of cranberry bog and adjacent up- land, or the designated interest therein, situate in the Town of Orleans, in said County of Barn- Btable, with all the privileges and appurtenances thereof:— Twenty-one t h i r t y seconds (21/32) in common and undivided with .the executors ot the will of George A. Smith, the heirs of Fran- cis M. Smith and the heirs of Hugh L. Stalker, in a parcel ot cranberry bog and upland in said Orleans, known as "COVE BOG", bounded and described as fol- lows:— Beginning in the Westerly line ot Massachusetts State Highway, Route 6, and in the Easterly line i of the granted premises at a Mass- I achusetts Highway bound; thence Southwesterly by a curve to the right, of radius 1069.42 feet, a distance of 741 feet, to another Massachusetts Highway bound; thence Southwesterly 721.61 feet, to land now or formerly of one Davis, formerly of Christopher ' Edwards; thence N. 17" 68' 60" W. 507.5 ' feet, in range of land of said Da- 1 vis, in range ot land now or form- erly of the heirs of George S. Hall , i and in range of land now or form- 1 erly of Benjamin Biggins, to a > concrete bound; ' thence Westerly In range of land ' now or formerly of said Higglns, [ 243 feet, to a stone bound In range ' of land now or formerly of the 1 heirs of Philander Crosby; 1 thence Northerly 135 feet, to an iron pipe; 8 thence Northwesterl y 143 feet, to 5 a concrete bound at Bridge Road; 1 thence Northeasterly by Bridge !• Road, 110 feet, to a stake at land >• of the grantor, formerly of Eunice f Swain and others; thence Easterly by three courses 8 in said grantor's range, 366 feet, i to a concrete bound; » thence Northerly 225 feet, to said ', Bridge Road ; •• thence Northeasterly and East- '. erly by two courses by Bridge Road " to a stone bound in range of land e of Mabel Snow; I thence Southerly 292 feet; i- thence Easterly 209 feet; f thence Northerly 151 feet; » thence Easterly 138 feet, to a ? concrete bound; 1 thence Northerly 15 feet; - thence Easterly by two courses i- 189 feet; thence Northerly 09 feet, to the !• Southerly line of Canal Road; a thence Easterly 78 feet, by the f Southerly line of Canal Road to l lund of George B. Howland ; i thence Southeasterly and South- erly by two courses In said How- land's range, 234 feet; i- thence Easterly 210 feet; i- thence Northerly 214 feet, In f said Howland'B range to the Sout'i- 0 erly line of Canal Road; 1 thence Easterly by Canal Road by two courses 233 feet to tho a Canal, so called , or to land of own- t ers unknown; ; thence Southerly 378 feet; K thence Easterly 81 feet , to a stake in tho Westerly line of the - Massachusetts State Highway, ) aforesaid; , . , . thence by the Bald line of said I, Highway, Southerly 102 feet , to the ; first mentioned bound. Containing sixteen and one-half i acres of cranberry bog, more or t less, and an unestimated area of i upland. LJ Said premises are subject to a a right of way, near range of land e formerly of Edwards and Hall for i the benefit of land sometime of a Benjamin Higgins, as reserved in i a deed of Benjamin Higgins dated 8 December 4, 1905, and recorded i, with Barnstable County Deeds, i- Book 276, Page 367. '" * ; . ' B Together with any land in or- e leans and Eastbam lying between i. the present and old location of the s State Highway which may have been included in that conveyed t by George S. Newcomb to El- L E G A L N O T I C E 8 nathan E. Eldredge by deed datei May 25, 1906 and recorded wit] Barnstable County Deeds, Bool 279, Page 99. Also a parcel of land lying t< I the Northwest of the above bounded : On the South by land formerlj of James Hurd, there measuring 145 feet; on the West by the Cedar Pond 52 feet; on the North by land now oi formerly ot Elnathan E. Eldredgt 227 feet; and I on the East by Bridge Road 22 feet; and on the Southeast by the loca- tion of the Old Colony Railroad 161 feet. Parcel 13 The following described land , and cranberry, bog, situate In the Town of Chatham, Barnstable County aforesaid:— First: The premises known as the "Star Bog" including the "Cedar Spring" or "Cedar Tree Bog", "Apple Tree Bog" und the "Nook Bog", and also the "Buck Bog," and is bounded: On the North and on the West by land now or formerly of Ed- ward N. Johnson; again on the North, on the East, on the North, on the West and on the North by land sometime of one Clendon now supposed to be of Richard Rich; on the North and on the East by land now or formerly of Kath- erine F. Doane; on the South by land now or late ot Elnathan E. Eldredge and others (Sulphur Springs Cranberry Bog, so called); on the West, on the South and again on the West by land now or formerly of Horace Buck and wife ; and again on the North and again on the West by land ot Frank C. Scanlon. Said parcel has the benefit ot, and is subject to existing ease- ments. Meaning and intending to con- vey the premises convoyed to the said Elnuthan E. Eldredge by deed of Lillian E. Harding dated April 25, I!)38 and recorded with Barn- stable County Deeds, Book 541 , Page 299, and also the premises conveyed to the said Elnuthan E. Eldredge by deed of Horace C. Buck and wife, dated November 21, 1939, and recorded as aforesaid , Book 561 Page 223. A part of the premises described in tho lutter deed are subject to an easement for the benefit ot tbe Bitid Buck and wife, as therein reserved. Second: The parcel ot cranberry bog and upland situate in said Chatham , bounded and described as follows: On the East by a public way ; on the North by land now or formerly of Lorenzo D. Buck; on the West by a dike nnd land ot Charles A. Hardy; and on the South by land of said Hardy formerly of Lorenzo D. Buck. Said parcel baa an area ot two and one-quarter acres, more or less. Appurtenant to the first parcel described in the hereinunder men- tioned deed of Alonzo Nickerson, recorded, Book 617 , Page 20, is the privilege to take sand for Bald parcel of bog from the old sand hole at the North thereof , also the privilege of a landing place South of said bog. Parcel 14 The land situate in Orleans In said County of Barnntuble bounded and described as follows: On the West by a Town Way commonly called Bridge Road ; on the North , East and South by land of the Cove Bog Cranberry Company, or however said com- pany or corporation may be more properly named or described. For titl e ot the grantor to tho above described cranberry bogs, BO called , see deed from Coleman S. Winchester, Jr. to it, dated November 19, 1946 , recorded with BarnBtable County Registry of Deeds In Book 659, Page 527. The above described parcels 12, 13 and 14 , are convoyed subject to all outstanding mortgages and oncumbrances of record. Parcel 16 The land in Barnstable, Barn- stable County, MaBBachusetts , at or near the village of West Hyan- nlsport, togother with all buildings thereon, bounded und described as follows:— First: Bounded on tho South hy the public way called Wlanno Avenue as shown on a plan here- inafter mentioned , eighty (80) feet; on tho West by tho middle line of Lot 186 on said plan , one hundred O00) feet; on the North by Lot 185 on said plan , eighty (80) feet; and on tho East by Irving Street, one hundred (100) feet; all HB shown on said plan. Being Lot 137 and tho east hal f I ot Lot 130 ns shown on a plan I made by 0: H. W. Wood Co., sin- I voyors, July 30, 1900, entitled "Plan I of Land belonging lo The Hyan- nis Beach Association, Barnstablo , Mass., Section No. 2", recorded with llnrnslablo Deeds, Plan Book 2fi, Plan 131, to which plan refer- ence may bo made for the above described parcel and Ihe other lotn and avenues named In this deed. Second: Bounded - on tho South by said Wlanno Avenue , throe hundred sovonty-thren and 94/l Of (,'173.94) feot; on the West by Bald Irving Stroot, throo hundred forty nine and 38/100 (319.38 ) feet; on the Northwest by said Irvlnp Street, eighty (80) feet; on the North by Centerville Avenue, by two linos measuring together five hundred twenty-fivo and 17/100 (525.17) feot; and on the South- east by Greoly Avenue , eighty-five and 87/100 (85.87) feet. Being Lots numbered 37 to 41, Inclusive, Lots numbered 138 to 151, Inclusive , and all that portion ' of Harbor View Street that liet between said Wlanno Avenue ant' Centerville Avenue, all as showr on said plan. Third : Bounded on the South west by said Centerville Avenue six hundred fifty-seven and 64/lOt (657.64) feet; on the Northwest b> the middle line of Jackeon Street extended northeasterly to th( northerly line of Circuit Avenue I L E G A L N O T I O E S ] 1 j by two lines measuring together i two hundred forty-seven and c 22/100 (247.22) feet; on the Northeast by the north lino of clr- > cult Avenue, by two lines measur- , ing together six hundred Blxty-two and 33/100 (662.33) feet; and on , the Southeast by the Fourth Par- , eel hereinafter described , said boundary being the southeasterly line of Circuit Avenue, about three hundred and one (301-) feet. Being Lots numbered 32 to 36, i Inclusive, together with those por- tions of said Irving Street , Harbor , View Street and Circuit Avenue lying between said Centerville . Avonue and the north part of said , Circuit Avenue, all as shown on snld plan. Said FirBt, Second and Third Parcels are conveyed subject to j the restriction , which shall remain , . in force for one hundred (100) years, that no buildings or struc- tures shall be erected on said parcels other than one-family dwelling housoB with appurtenant garage limited In capacity to three (3) cars, ($6,000.00); provided , however, that for a period of five (6) years from December 12th, 1945, the grantor may eredt and maintain on said premises a build- ing costing less than five thousand dollars ($5 ,000.00) for the office of the development of said premises. Fourth: Bounded on the South- west by Centerville Avenuo about two hundred (200) feet; on the Northwest by the Third Parcel above described , said boundary be- ing the southeasterly line of Cir- cuit Avenue, about three hundred and one (301) feet; again on tho Southwest by said Third Parcel, by two lines measuring together six hundred Blxty-two and 33/100 (622.33) feet and by Circuit Avonue two hundred forty and 34/100 (240.34) feot; again on the North- west by Hyannis Town Road about four hundred (400) foet ; on the Northeast by the Fifth Parcel hereinafter described, said bound- ary being tho center line of Ray- mond Stroot, by two lines measur- ing together about seven hundred and Bixty-Bovon (7C7 ) feet; and on the Southeast by land now or formerly owned or occupied by Childs and Benin , about eight hun- dred and sixty (860) feot. Being Lots numbered it; to 29, inclusive , and three unnumbered parcels, but excepting therefrom tho pun-els marked "J. Parry" and "U. G. Llnnoll & Al ," all as shown on said plan. The said Fourth Parcel also includes the southerly and southwesterly half of Ray- mond Street. Fifth: Bounded on tho Southwest by the middle line of said Ray- mond Street, by two lines measur- ing togother about elnven hundred mid twenty (1120) feet; on the Southeast by land now or formerly owned or occupied by W. T. Bealos about nino hundred and ten (910) feet; on tho Southwest again by , said land of Bealos and land now or formerly owned or occupied hy W. Washington, about nine hun- dred and forty (940) foot; on the , Southeast hy land of ownerB un- j known about ten hundred and I seventy (1070) feet; on the North- cust by lands now or formorly j owned or occupied by one St urges and one Perry, about nine hundred nml forty (940) feet; on tho North- • WOB I by land now or formorly owned or occupied by E, Smith I about eight hundred twenty-six . (826) foot; an the Northeast by land of Bald Smith about six hun- dred and twonty-eight (628) foet; on tho Northwest by other land of said Smith , by two lines mea- suring togother about three hun- dred und thirty (330) feet; and on the West by Red Lily Pond, so- called. Being the same premises shown on a plan made by Fredorlck O. Smith, survoyor, Novembor 1917 , entitled "Plan of Section Three, Hyannis Beach Association , Craig- ville , Mass.", recorded with Barn- stable Registry ot Deeds. Said Fifth Parcel Is conveyed subject to the public easement of way in Hyannis Town Road as shown on said plan. All of Hold parcels aro conveyed subjects to any existing rights of way over tho street shown on said plans In so far as the samo may lie In force, and Together with all rights of way, easements nnd benefits appurtenant to tho grant- ed premises, if any. This deed does not convey but expressly excludes any rights of way or other rights in any of tho streets south of Wiuimo Avenuo. All of said parcels lire convoyed subjoct to restrictions , rights of way und encumbrances In so far us the samo may now be In forco nini applicable to Hiild promises. Being tho sumo premises con- voyed to Theodore B. Clifton by Edward Kronvall by dood dated December 12 , 1945 , recorded with Barnetable County Registry of Dnods In Book (138 , Pago 302. For tltio of tho grantor, sen dood from Theodore 10. Clifton to it dutod December 81, 1946 , recorded with suid Deeds In Book (103, Pago 202, EXCEPTING herefrom all parcels previously convoyed by Huld Tlioo- doro E. Clifton and tho grantor. i Parcel 16 j The land In Barnstable (Craig- vlllo), In Din County of Barnstable i und Commonwealth or MIIHSIIC IIU - I Botts, together with (he buildin gs i thereon , bounded und described I as follows:— Southeasterly by a Wuy, seven- ; ty-slx and 85/100 (76.35 feet; .Southerly by Bald Way, forty- i six and 14/100 (4(1.14) feet; Westerly by land now or form- orly of Jamos Bufflngton ot al 111111 Lot F, by throe lines together ¦ measuring one hundred forty- 1 seven (147) feet; Northerly by land now or form- , erly of Mary G. Batchelor , thirty- 1 seven and 69/100 (37.69) feet; 1 Northeasterly by Lot E2, eighty- 1 tour and 17/100 (84.17) foet ; and I Easterly and Northeasterly by 1 Lot A, by various lines together measuring one hundred sixty-six • and 03/100 (166.03) feet. , All of said boundaries are do- 1 termined by the Court to be lo- ' cated as shown on subdivision plan t 17609-F, dated June 20, 1946 , i drawn by Leo W. Orenier, C. E., , and filed in tbe Land Registration L E G A L N O T I C E S Office at Boston, a copy of which is filed in Barnstable County Reg- istry of Deeds In Lund Registra- tion Book 52, Page 3, with Certi- ficate of Title No. 8303, nnd said land Is shown thereon as LOT E3. So much of the land herein doscrlbed as by Implication ot law Is included in tho Way on the south of Bald Lot E3 Is subjoct to its use as a part of such Wav by all those lawfully entitled there- to, and there is appurtenant to tho above described land tho right to uso nil of tho Ways on pinn 17G09-A in common with others entitlod thereto. Said land is under the operation ami provisions of Chapter 185 of the General Laws, and its title to said land is registered under said Chapter, subject, however, to any of tho oncumbrances mentioned in Section 4fi of snld Chapter, which may be subsisting, and subject also us aforesaid. Being the rcglsterod land as shown on Certificate of Title No. 11122, Land Court Case No. ntiOll . There is included heroin as a part of the realty all portable or sectional buildings nl any time placed upon said premises, and nil furnaces, ranges, hooterB, plumb- ing, gas nnd electric fixtures , screens, mantels, shades, screen doors, storm doors nnd windows , oil burners, gas or electric refrig- erators and all other fixtures or whatever kind nnd nature nt pres- ent or hereafter installed in or on the granted premises In any manner which renders such arti- cles usable in connection there- with so far as the samo aro or can be agreement of parties, be made a part of tho really, and all material, apparatus or sup- plies Intended to enter Into tho construction, repair or remodelling of the buildings on snid premises , now in snld buildings or on snld premises, or placed therein or thereon prior to tho full puymont and discharge of this mortgage. I Said premises will bo sold sub- ject lo a prior mortgage to said Hyannis Trust Company, dated, August 29th, 1947, recorded on ' Septomber 2. 1947, with Barnstablo County Registry of Deeds with tho 1 records of unregistered land In Book 077, Pago 101 , and with (bo records ot rogistorod land as Doc- ument No. 20,429 , noted on Oer- I tlflcate of Titlo No. 9121 , In ltogls- l tratlon Bonk 68, Pago 101 , also oil Certificate of Titlo No. 9122 , In Registration Book 58, Page 102, ' Land Court discs Nos. 9288 and . 17609. ! Said premises will bo sold sub- ject to all unpaid taxes, assess- ments and tax saleB, If any there be. Terms of the sale , ten por cent. (10%) to he paid in cash or cer- tified check by the purchaser at the time and place of tho salo, bal- ance of the purchase price, within ten (10) days upon delivery of tho deed at tho office of Paul M. Swift , Hyannis, MUBS. Other terms to he ' announced at the time of the salo. , HYANNIS TRUST COMPANY ] By Gerard C. Bosse, Tronsuror j Present Holder of said Mortgage For further authority for said salo, see decree of the Superior Court In and for the County of BariiHlable , Commonwealth of Massachusetts , dated and entered August 19, 1949 , in Case No. 21134. Paul M. Swift , Atty Hyannis, Mans. (Sept. 22, 29, Oct. 6) Commonwealth of Massachusetts Barnatable , ss. PROBATE COURT To nil persona interested in Ihe estate of FRANK HKNTEIO , luto of Barnstable (llyunnls), in said County, deceased. A petition has boon presented to said Court for probate of a certain Instrument purporting to be tho last will of said deceased by GREG- ORY HKNTEIO , of Barnstablo (Hy- minis > , In snld County praying thut ho bo appointed uxecutor thereof without giving a suroty on his bond. If you desire to object thereto , you or your attorney should file u written appearance in snld Court nt Barnstable before ten o'clock In Ihe forenoon on tho 11th day of October, 1949, the return day of this citation. Witness , COLLEN O. CAMP- BELL, K'si|iili-e, Judge of suid Court, this illh day of Septomber In the year one thousand nine hun- dred und forty-nlno . KENRICK A. SPARROW , Register, Sept. 22, 29, Oct. (j, Commonwealth of Massachusetts Barnstable, ss. Probate Court To nil persons Interested in the estate of NETTIE F, BEARSE into of Providence, In tbe County of Providence, and stale of Rhode island , deceased, A petition lias been presented to Hiild Court with cortuln papers purporting to be copies of tho last will or suid doceased, and of the probate thereof in said State of Rhode island , duly authenticated., by EDWIN HOWARD HEARSK , of Yarmouth (West), in the county of Barnstable, Commonwealth, of Massachusetts , praying Hint, the copy of said will may liu filed mid recorded In 1110 Registry of Pro- bate or said County of Barnstable, ami ihat lie be appointed adminis- trator wiih the will annexed there- under, without giving a surety on his bond , Ilia executor named In said will havin g deceased. if you desire to object thereto, you or your attorney should file a written uppnnrunca In said Court at Barnstable before ten o'clock in the forenoon on tho 26th day of October, 194!) , the return day of tliiH citation. Witness, Collen 0, Campbell , Es- quire , Jud ge iif said Court, this 15th day of Septomber in tho year one thousand nine hundred and forty-nlno. KENRICK A. SPARROW , Register Sept. 22, 29, Oct. 6 APPLE . . . JACK? A third of the U. S. apple crop is now processed—canned , frozen , dried, made into apple butter, juice or bland syrup. Page 7 L E G A L N O T I C E S MORTGAGEE'S SALE OF PERSONAL PROPERTY By virtue nnd In execution of the power of sale contained in a cer- tain mortgage of personal property given by CAPE COD FOOD PRO- DUCTS, INC. a corporation duly establishe d under tho IUWB of the Commonwealth ot Massachusetts, having Its principal place of busi- ness in Barnstablo (Hyannis), . Barnstabl o County, Massachusetts, 1 to HYANNI S TRUST COMPANY . I a bunking corporation duly estab- lished under tho laws of tho Com- monwealth of Massachusetts , bnv- | ing its principal place of business 1 in Barnstable (liynnnis) afore- I said, dated August 29th , 1!H7, and recorded with tho liecords of I Mortgages of Personal Property in j tho Clerk's office or tho Town ot Barnstable, book «6, pages 175, 170, on Soptombor 3, 1947 , of which I mortgage tho undersigned Is the I present holder, for breach of the conditions ot said mortgage and for the purpose of foreclosing (he I samo will be sold at Public Auc- tion nt 3:30 o'clock P.M., Eastern Standard Time, on Friday, the 14th day of October, 1949 , on tho prem- ises in Bald Barnstable (Hyaiini sl more particularly doscrlbed in a mortgage of roai estate from the vendor to tho vendee , datod August 29th , 1947 , recordod with Barn- Btable County Registry of Deeds with the records of unregistered land in Book 677, Pago 110 and be- ing the first parcel described In I said mortgage , nil und singular the j goods and chattels described in , said mortgage of- personal prop- erty, namely: All furniture , furnishings, fix- a tures, muchlnery, equipment, and all other personal property of every name, nature and descrip- tion now located In any building or 1 buildings owned by the vendor and situated oil land more particularly , described in a mortgage of real estate of oven date herewit h from the vendor to tho vendee, except- ing however such personal prop- erly as may ho now located on parcels 5, 0, 7, 8 and 9 In said mortgage, together with all such furniture , furnishings , fixtures , machinery, equipment und other personal property as may bo placed in any building or buildings of tho vendor located on Iho premises de- scribed in snld mortgage of roai estato , except on parcels 5, 6, 7, K and II therein , whether In addition I hereto or in substitution therefor, and used in any way in connection with the business conducted on any or nil of suld promlsos. And tho vendor will also from time to tlmo hereafter, during the continuance ot this mortgage and said mortgage of real estate, sign , seal , acknowledge and deliver to vendee , its successors and assigns , at its request , such supplemental mortgages or other instruments as In the judgment of tho vendee may he necessary or desirable to fur- ther secure the payment ot the principal and interest of tho note hereby secured, also secured by suid mortgage of real estato. This mortgage Is subject to a prior mortgage from this vendor to this vendee duly recorded with tho records of Mort gages of Per- sonal Property In the Clerk's office of the Town of Barnstable. Said personal property will be sold subjoct to said prior mort- gage, and subject to all unpaid taxes, assessments und tax Bales, if any (here be, Terms ot the sale , ten pur cant. (10%) to be paid In cash or cer- tified cheek hy Hie purchaser at (lie time und pluco of the sale, balance of tho pun-base price within tun (10) days upon delivery of the bill of sale at the office of Paul M. Swift , Attornoy, Hyannis, Mass. Other terms to bo announced ut tho time of the sale. HYANNIS TRUST COMPANY By Gerard O. Basse, Treasurer 1'resent Holder or said Mortgage. For further authority for said sale, sou decree of tha Suporlor Court in and for tho County ot Barnstable , Commonwealth of Massachusett s , datod and entered August 19, 11)49 , In Case No. 21186. Paul M, Swift , Atty Hyannis , Mass. Commonwealth of Massachusetts Barnstable, aa. PROBATE COURT To all persons Interested ill tha astute or EMMA A. ELDRIIK1E, late of Chatham, In said County, deceased. A petition lias been presented to said Court tor probata or a c.ortuin Instrument purporting to bo the last will or Hald deceased l«y LENA CAHOON , of Chatham, In said county praying that she ho ap- pointed executrix thereof without , giving 11 surely on her bond. If you desire lo object thereto , you or your attorney should Ilia a written iippourance In said Court at. Barnstablo before ten o'clock in the forenoon on the lllli day of October, llMil ,' tin; return duy of this citation. Wllnoss , COLLBJN C CAMP- BELL , Esquire , Judge of said Court , this lfllh day or September In the year one thousand nine hun- dred and forty-nlno. KENRICK A. SPARROW, Register, l \ TIIK DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OK MASSACHUSETT S. In the matter Arthur H. Kendraw Bankrupt, In Bankruptcy, No. 71185. NOTICE OF, l-'IRHT MEET- ING OF CREDITORS. To Ihe crod- llors or Arthur S. Kemlrow of Falmouth , Muss., a bankrupt; NOTICE IK HEREBY GIVEN THAT suid Arthur H. Kendraw hus been duly adjud ged u bankrupt on u petition filed by him on Septem- ber 8, 1949 , and that the first muet- Ing of his creditors will be held In The Superior Court House , Taunton , Mass., on October 20, 1949, at 10:30 o'clock A.M., at which place und lime tha said creditors may attend , prove their claims , appoint a trustee , appoint a committee of creditors, examine the bankrupt, and transact such other business as may properly coma before said meeting. Dated at Boston, Mass., this 4th day of October, 1949. Edwin F. Hannon , Referee In Bankruptcy, Room 1128, Federal Building, Boston, Mass.