The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-18

supreme Judicial Court
April Term, 1897
Consolidated Electric Light Company of
Maine and william II. Wood, Petitioners for
Appointment of Trustees to fill vacancies.
70 the Honorable Justices of the Supreme
Judicial Court OF the State of Maine
Your petitioners, the consolidated Electric
Light Company of Maine, corporation duly
established and existing under the laws of
the State of Maine, and having its location,
residence and place OF business at Portland
In said county and State, and William Il.
Wood of said Portland, respectfully repre-
sent and show unto this Honorable Court as
follows:
First: That on the first day of June in the
year of our Lord one thousand eight
dated Electric Light Company of Maine,
duly made and executed mortgage deed OF
trust to George s. Hunt and Joseph f. Gill
man, both of said Portland, as trustees, and
to their successors, with full power of sue
cession and the enjoyment OF the franchises
OF The corporation, of all the real estate or
sald corporation, buildings, machinery, tools
and equipments and also all its franchise
rights in real estate and all other rights
winch said corporation has, or which IL
may hereafter have, and especially all It's
poucrS, dynamos. engines, hose, wires,
posts, lamps, fuel and supplies and all its
other apparatus and appliances of or
Tor electric lighting within said Portland
and within the town of DeeIing; also all its
present or future rights TO make or use in
sald city or town, and to vend therein for
use IN SAD city or town, all patents, inyen,
or which IL might thereafter own, lease, con-
trol, use or vendi of all of which property
q run description is contained in said deed
OF trust to which reference is had for full
description, the same being made q part of
TINS petition, and annexed hereto that
$40 s5., trust was accepted by said George s.
hnht ana Joseph E. Gilman, such trustees,
who thereby became trustees under such
mortgage deed of trust, and held The proper
", rights and franchises conveyed to them
III trust for the purpose OF securing the paw
mtnI OF -FOUR hundred bonds for hundred
dollars each, as set forth In SAID mortgage
DEED OF trust, tsaid bonds being dated June
named in said deed OF trust. The PROPERTY
conveyed and the nature of said trust more
i'illy appear by said indenIure and mort
s sage aeea 81 trusi, copy of which is here
part or this petition, said mortgage deed of
trust being recorded in the Cumberland
tnse reg OF Deeds. Vol. 6si pages los to 1901
that Your petitioners are both interested in
inc trust hereinafter set forth namely, the
salq corporation Is interested as mortgagor
ana grantor in said mortgage and deed of
william X. Wood, is interested in said trust
because he is the owner of ten of said bonds
ISSUED under said mortgage deed of trust,
namely of bonds of said corporation to the
amount of five thousand dollars.
second; That after entering upon the
execution OF said trust, and during its con-
cannot be filled by appoin tnient by the sur
wing trustee named In said trust, and that
said vacancies occurred and still continue by
reason OF the fact that the said George s.
Hunt and the said Joseph +. Gilman have
each OF them deceased and that the survir-
or o. them and each of them neglected dur
bY reason es ~ ne % M the occurring
trustee, and could not, by the terms of said
deed Of trust MI such vacancy; that said
pseah t IN said trust Of the places Of both
there Is no trustee to administer said trust
created by said deed Of mortgage and of
trust
Third: Your petitioners further say that II
is necessary that said trust should Be con-
tlnped and administered for the benefit OF
said bonds and the holders thereof and OF
al OF the bonds issued under said mortgage
and the holders thereof, and for the per
iormance of the agreements, conditions and
trusts denned and set forth IN said mortgage
deed OF trust. said copy OF which is herennto
annexed and marked exhibit "a" as afore-
said.
Wherefore your petitioners being parties
interested in said trust AS aforesaid, and In
terested in the proper performance and exc
eutlon thereof, respectfully pray that, after
such notice To all persons Interested, by pub
ncation or otherwise, as the Court shall or |
der, ana upon due hearing thereon, this |
Honorable Court will appoint Fred L. Rich
ards and George f. Bird. both of said Port |
shall deem suitable as trustees TO I'LL the
vacancies caused by the death of the said |
George $. Hunt and the said Joseph L. Gill |
man hereinbcfore named as the original |
and that, thereupon, and by virtue of said |
appointment the property described in said |
deed OF trust ana mortgage conveyed to and |
held by the said George S. Hunt and Joseph |
4. Gilman In their lifetime and at the time |
OF the decease Of each of them, shall vest in |
said trustees so appointed by this Court |
without further conveyance thereof; and |
that said trustees so appointed shall have |
The rights and powers and be subject to the |
duties relating TO such trust TO the same ex- |
tent and for tho same purposes as the same |
were held by the said George s. Hunt and |
Joseph f. Gilman, the original trustees in |
said trust and that this Court will make /
such decree as shall be proper and suitable |
in the premises To confirm the transfer OF |
title as herein set forth and prayed for.
Fourth; And your petitioners further pray
that this Honorable Court will order such /
notice To be given TO the heirs at law and |
personal representatives OF said deceased /
and each of them, by publication /
or otherwise rs the Court may order and de- |
cree, and that said heirs at law and per |
sonal representatives of said deceased trIis-
tees and each of them may be allowed to
appear and be heard In the matters con-
tanned in this petition; and that this Honor |
able Court may make such further orders /
and DEGREES in the premises as il shall deem
meet and proper.
Portland, May 9Th. A. ID. 1897.
CONSOLIDATED ELECTRIC LIGHT COM
rANY OF MAINE
BY WILLIAM II. WOOD its Treasurer and
General Manager,
WILLIAM Il. WOOD,
CLARENCE HALE,