St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-14

between the SON ERElGN LIFE ASSC IL
ANCE COMPANY, Plaintiffs; James Skip
per Adam Thomas Harris DeyonShire,
John Alexander Archer, the Reverend
Arthur Houghton. and Henry Devereaux
Davenport. d Pendants.
And between ANNE INCE. Widow ION be-
half of herself and all ether the annuitants
of the late General Annuity Endowment
Association. entitled under and by virtue
of the provisions contained in ii certain
Agreement of the 22d June. 1865, and a GER
tain Deed of Arrangement dated the I'D
June 1866. and entered into with the de-
PENDANTS Or some OF theml. Plaintiff: James
skipper Adam, Thomas Harris Devonshlre.
John Alexander Archer, the reverend
Arthur Houghton. Henry DeveTeanX Daven-
port. ana the Sovereign Life Assurance
Company, Defendants.
BY Original Action.)
And between FRANCIS INCE ION behalf of
himself as the legal personal representative
of the said Anne Ince and all others the
said annuitauts). Plaintiff: James Skipper
Adam, Thomas Harris Deyonshire, John
Alexander Archer. the Reverend Arthur
Houghton. Henry DeyereauX Davenport,
and the Sovereign Life Insurance Com
pany, Defendants.
(By Order of Revivorl
Take Notice, that by the Judgment in these
actions. dated the 4th day of December. 1887,
II was declared and adjudged that the trusts
OF the indentuTe of the I'D June. 1866. IN the
pieadlngs referred TO. ought to be performed
and carried into execution so far rs the same
remain to be carried into execution. and the
Court did order and Adludge the same ac-
cordingly.
And ii was ordered. that the following in
QurieS be taken and made. that is to say:
l. An inquiry of what the trust funds sub
iect 10 the trusts of the said indenture then
consisted.
=. An inquiry who were the persons inter
ested in the said trust funds and how ard in
what manner they were interested respect
lively, and in what respective shares ana
proportions.
3. An inquiry. what IF any is the estimat-
ed deficiency OF the trust funds to secure the
due payment of all annuities and other sums
payable by the Sovereign Life Assurance
Company, under or in pursuance or the
agreement of the 22nd of June. 1865, IN the
pleadingS also mentioned, aud OF the SAID
indenture OF the 22nd of June, 1861 except
claims arising out of the life assurance poll
cies therein respectively mentioned
And it was ordered that the conduct OF all
further proceedings under that Judgment
should be committed TO Inc plaintiffs, the
Sovereign Life Assurance Company. The
further reconsideration of the aforementioned
actions was adjourned. And any of the par
ties were TO be at liberty to apply as they
might be advised.
Aud Take Further Notice, that by an order
dated the 10Th day of May, 1883,
1t was ordered that the further prosecution
of the inquiries, Nos. /. and 3. directed to
ne taken and made by the said Judgment
dated the 18th day of December, 1885,, be
| stayed until further order.
And il was ordered that in lieu thereof the
following inquiries be made. namely:
1. An inquiry of what the trust funds.
| subject to the trusts of the indenture OF
:.s3lld June. 1866, in the pleadings mentioned,
| consisted on the 4th of August. 1887.
>. An inquiry who were the persons inter-
| ested in the said trust funds on the said 18th
August, 1887. and how and in what manner
| they were interested respectively.
). An enquiry what IF any was the estl-
mated deficiency OF the trust funds on the 4tn
To a no n
| aunuities and other sums payable by the Sow
ereign Life Assurance Company. under or IN
| pursuance of the agreement OF the End OF
! June. 1855, III the pleadings mentioned and
! of the said indenture of the 22nd of june 1866,
| except claims arising out of the life assur-
| ance policies therein espectiVely mentioned.
And it was ordered that the costs OF the APP
! plication be costs i'll the said actions.
Copy Order.l
| In the High Court of Justice (Chancery Di-
| vision1.-1sS7, S. 3.!!2; 1887, |. l,311.-Mr.
| Justice Chitty-Saturday the 10th day OF
January, 1891.
| Between the Sovereign Life Assurance Com
pany. Plaintiffs. and James Skipper Adam,
! and others. Defendants
| Ana between Ann Ince. Plaintiff. and James
Skipper Adam. and others. Defendants.
| Ana between Francis Ince, Plaintiff. and
James Skipper Adam, and others, Defend
| ants.
Upon the application of the above named
| plaintiffs the Sovereign Life Assurance Com
pany. and upon hearing the solicitors for the
! applicants. tor the Plaintiff Francis luce, FOL
the defendants i'll both actions. and for Lucy
! Augusta MaliesOn and Thomas Harris Devon
! Shire, Edward Walter williamson Richard
Hankins and Richard Gunton parties who
| having been served with notice of the judg
! ment dated the nth December. 1881 have
entered appearances thereto. and upon read
| ing the said judgment dated the 18th Deem
Der. 1897. ana the order dated the 29th May
1883, and the affidavit of Thomas Harris
ia. H. .Alst Il
and all affidavit of James Skipper Adam flee
2:ird February, 1889 1t is ordered that ser
vice otherwise than as hereinafter directed.
! on the persons claiming to be interested oil
the 4th August, 1887, in the trust funds sub
ject to the trusts of the indenture OF the 2enC
June, 1866 in the pleadings mentioned o.
notice of the said judgment and order bt
| dispensed with. And it is ordered that ser
| vice of notice of the said Judgment an(
| order and of the memorandum prescribed
! by the Rules -of the Supreme Court
Order IL. Rule ~. in this behalf addressed
| without naming or otherwise describing
| them. to ali persons claiming to be interested
! on the 4th August. 1857. in the brust fund
| subject to the trusts of the said lndenture o
the :ssnd June, 1866, and of copy OF TIL
order by the publication thereof, or of
| translation thereof in the several news
papers set out in the second column OF tn
schedule hereto. and the number OF time
mentioned In the third cOlume OF the sale
schedule hereto. be deemed good service o
the said order on all such persons, and tina
the time within which any of such person
may apply to discharge, vary or TO add 10 The sal
/ Judgment and order be six months after the la
publication of such notice. And II l. ordered tina
Thomas Harris Devon>hire, Edward Walter Will
iamSon Richard HanEinS. ana Richard GIntO
nc authorized to defend in all proceedings III thes
actions behalf and for the benefit of all person
now subscribing Tor >Urvivnrship annulties 10 =
payable 10 persons already nominated or To i
nominated by them, and That the said Franc
In,e and Lucy Augusta Madison be authorized
70 defend the case may require III all pre-
Ceo,ings in these actions, on behalf and for Ii
bene ut of all persons entitled to annuities.
GEO. \. CROW DER. Chief Clerk.
The Schedule above referred to-