Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-02-22
NOTICE.
UNION TRUST coNtANr
or NEW YoRk,

or NEW YoRK
AGAINST bChitendsa CeHxr
The WAKEFIELD VARIRGArED ",
NiRBkE COMPANY AND OTHERS April Tern, 10
WHEREAS, on the 18Th day OF February, 1sls.
| w the Union Trust company Of New fork- q
corporation existing under the laws OF the state VI
New York, did nle In The once Of ise slsrs Of the
Court OF Chancery In aud for tac Cotnty OF CIV
| tenden, It's bill Of complaint against The Wske-
| nell Variegated Marble Company, eorpoTsuon
existing under tile laws Of The state OF New Teri
| and located N the CITY and Slate OF New YORK,
efecutrlI oi the last vii and testament OF Josepl
| I, Evans deceased, james Socor. sannel Jae9by
and Edward 3. Wesley, an OF the Ciiy OF New
Columbia, which ssd Oil lie rctnrnable !.
the next term Of said court nhd wherein sslA
| crater complains ana alleges:
That on or about the nrst day Of September, 1881
| said Wakefield variegated Marble Company dnly
| executed under its corporate sea aud delivered y
the orator IT'S certain trust or mortgage deco daen
September /, 1881, signed by lis PRESIDENT nnh
| attestod by It's Secretary, wherein and WHEREBY
II conveyed TO said sratOr, It's successor or
successors IN the trust and assigns the following
| described premises situate IL Colchester In ne
| lands, marble, Tocs, stone mines, aiH nc ~ ~.
quarries, rights, and rights of way, lying In We
vicinity Of SslIci. Bag ana Coates ao Bs' shd
by David Read Edward p. Keyss and Tsomas O.
Kcyes, sdninistratqrs OF the estate OF freeman
estate OF Henry Reyes, by deed dated April 4
1879 and recorded in Vol II, on pages SIC and 81
| Of the land records Of said Colchester.
Also all that certain road or right oil way
| TWENTY-FIVE feet in width across tse south-esstery
section OF lot No. 80, being the sane ross or rgnt
| Of way conveyed to Thomas Fuller and George i:
| Bacn, by deed dated September O. 1872, recorded
IN Vol 81, on page Sol OF the land records OF said
| Also ali the following described lands and prom
ses situate on the essterly side OF Malleits Head
| aud boun led az follows to wit; COmmcneng ~
the centre OF the ditch near the gate Al the noTth
eud OF the Pent road leading from John J.
Reagan's dwelling house, northerly to the orchsrd
at point equldsant between Two rows OF spplo
| therein abont three rods southwest from the
orchard hur or quarry, thence sontn 90 ues,ee'
| Is minutes east along tho north line OF Mlchatl
Reagsu's land TO the shore OF MalieltH Bay tnence
| following -ad shore nOrthery TIA 20 nj eorres-
pom ing 10 the north lhe OF SAD orchard.
| thence south II degrees, 30 minutes west sleng
| the fence AMI on the sou line oil Dawn HeAydh ;
| and to the centr. between the same TWO rows OF
apple trees leading nOrtherly flom each size OF tne
gaze above ment onsd, thense sou'herly between
the said two rows OF trees at equal distance from
| each 10 TIE point or place OF beg ming; -
Also all the several islands lying aleng NE esst
shore Of Ma.letts Head in Msllet,s Bay. Beng 81
aud the same premises conveyed 10y George b.
| I-ham and wife TO Thomas Fuller ~ deed nearlne
date May il, 1880, and records in VOL Il, page
Together with ali and siugusr the tenemens,
heredl ments and appurensnee. nereuho pc
longing with all ettate, Ilght ana nus 'I NJ I
That sail deed, however, was upon trust for ne
bensnt OF certain bondholders, and was conditional
for the payment according 10 tse tenor thereof
Of one hundred and nifty bonds OF even date mere
with each for the sum OF one th,ussn "a .aa, ~
Marble Company PROMISED 70 !{ We veI hoa isi
sum OF one thousand dollars on the nrst Gay o.
September, 1901, or at the option Of said Marble
Company al any cate after the e1pirsilon OF nv
Years from the date thereof, with interest there's.
Fat the rate OF siS per cent per-hnnum, payto.e
senl-sunually GA Hle lrst days Of March ant
september In es4 year en- surrender OF th'
proper interest coupons attached 10 sald sondh;
| That il was coyensnted in said trust or mortgage
deed that in case OF default in me payment o.
either principal or interest specihsd IN faid uOno'
and secured by said mortgage anu lhe cohHhuanCs
| thereof for two months, The trustee WIZ
the Appropriation " court having 1urlsalcuol
of the hoders of at least oIe-iouTlt If taid oond'
then outstanding and unpaid should proceed !,
sell said mortsaged premises ah' al T nen' =,
said Marble Company, and lu' OF the proceeds
thereof, after retaining sum suinclent IuI ,n'
payment Of eli expenses una charges o. me orsel
IA Inc executisn u ssd tru.t should pay, so far .
possible and in ease OF deficiency, IA eqnal pr
rata proportion lie principle ani lI'ete. Wn.c'
restoring the residue Il any, ID RAD Galb.e com
rany. or 10 vhomsocyer should BE- enA'led 'hste
to; .,a, T..
That ,sld orator duly acceptel sad trust, ana II
and by SAID deed covenante6 70 execute the SAM
according " its term and tina, saIi moEtssge Va
on the 9th day of September, ISL: duly recordes Il
VOL 70 oftse land records Of ssii Colchester OIL
pages frora IS 20 s. inclusive;
} That said bonds duly certified oy SAG o,s a;o
/. tB secured bt sad mortgage were, as san ersto
new held, 81 b7 defendant RicSer, . 1y defs.1an
defendan; sec0r. isby defendant Jscopy, ans b!
defendant WesleY, and5;hs Orator prays mat ,h
rsnsnn. holasts o. sl.1 nond% uasnsH aa-, 10 =,
l said bill with ap' wsr'lS 20 charge tHen
That en- or aoou, the met dlJs ., asfSh 80, 81
: defsul, Uns m te IN he u.vnsnt 81 the inisres
coupons on certain Of SAID bonds. whic
!, default still continues at tho tins OF ding Sal
:. That after the expiration II TWO months tror
ftae date OF said default, the nodGrs OF more taa
, one-fourth in amount Of said bonds duly teque,le
and proceed 10 the execution ~ sad rust
Whereupon SAID Orator r,ays ns aid +, OF nt ss
Court that the number Of SAID. buEus ouIstsnolh
1 ana the amount due th.r:on for principal an
! Interest, may De asc.riained adludled an
z determined That payment thereof, when deter
, mined may be dccrs5d ana that in default OF sue
n appurienances thereof may DC son under deere Is
OF said Court and that Out ot the proceeds OF sue
sale, af,.r deductinS just allowance icr a
disbursements, expenses and services .! hI
trustee, including sll pi!ms;as n leI "a,
!, bonds thsn remaining unpaid, % pnu, anu ,1 n,
|; The Wakefield yaregated Marble company, hnt
all persons calming under It, De IoTeger 's LIN
I and forecosed OF al equity OF redemption rye
and title in and 10 said premises r,s y, N
' case would rsouire and for subposna 70
s curing said defendants te appear at me mex
term OF SAID Court aud su-wer SAID bill ana stsu
, 10 and abide bv the order and decree OF sa4'
| And whereas 10 appears that al! Of g. q defens
ants are liviug without the State and mat no sam
lmsns can BE- s,rved upon them; ,,.. !.
TherefOre IL is ordered that said defendants o.
| otin-d OF the pendenCy Of sad Dill ana De sum
mousd to appear before SAID CTari, al Ne ietia y
| De he d NJ Burlington, on the MS TuesIsy
, AprIl $50 on the nrst day thereof, anu answs
SAID oil. by publishing the SUBSTANCE OF snln pli
an this order in the Bullglon free fTtrs,
| Il q, hltcudrn, tnree weekSeLcce,slvey, 'hs ~
puhl CulOl n.ing NJ least twenty Gays pIl0r ~ Ih
| guullnencemt lat OF SAID term OF Ioult. -,
| Given under nv hand at said Burlington M
. | lsII day OF February, 1884 nav ,,,.
febl0ys~