The Portland daily press., 1897-05-14
MISCELLANEOUS.
STATE OF MAINE.

County of Cumberland, IS.
Supreme Judicial Court
April Term, 1897
Consolidated Electric Light Company of
Maine and william r. Wood, Petitioners for
appointment Of Trustees to fill vacancies.
10 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 R.
wood of said Portland, respectfully repre-
sent 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
ddatnured and ninety-on the said CONSOLE
d daIea Electric Light Company of Maine,
uuly made and executed a mortgage deed of
, raase TO George s. Hunt and Joseph f. Gill
~ a ~ ooth OF said Portland, as trustees, and
c o .ielr successors, with full power of sue
of the aa ana rne enjoyment of the franchises
s co eie corporation, of all the real estate of
and corporation, buildings, machinery, tools
ri,,ht equipments and also all its franchise
wSins III real estate and all other rights
hni hereafter have, and especially all its
,,4e dynamos, engines hose, wires,
o oHses AMPS amp fuel and supplies and all its
Ior electric lighting within said Portland
anu wlthln the town of Deering; also all its
present pre- it OF future rights TO make or use in
10y - .oNu, ana TO Venu therein 1Or
use in said city or town, ali patents. inyen-
tlons and discoveries which It then owned
or which 1t might thereafter own lease, con-
Iro 81, use OF vend; of all of which property
ii luli description is contained in said deed
OF trust to which reference is had for full
description, the same being made q part of
THIS petition, and annexed hereto; that
said trust was accepted by said George S.
Hunt and Joseph E. Gilman, such trustees,
who thereby became trustees under such
mortgage deed of trust, and held the proper
in trust for the purpose of securing the pay
ment of four hundred bonds for five hundred
dollars each, as set forth in SAID mortgage
deed OF trust, (said bonds being dated June
lst A. d. 1891 and for other purposes
named IN said deed of trust The property
conveyed and the nature of said trust more
fully appear by said indenture and mort
gage deed of trust, copy of which is here
unto annexed and marked .'A'' and made a
part OF this petition, said mortgage deed of
u rust being recorded in the Cumberland
registry OF Deeds, Vol. 5s1, pages 108 to 100;
That your petitioners are both interested in
tne trust hereinafter set forth namely, the
SAID corporation is interested as mortgagor
AND ana grantor In said mortgage and deed of
I l,l as above set forth and your petitioner,
william r. 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-
oihusiiCe, NdcdllclcS occurred Inore1n winch
cannot be filled by appointment by the sur
v1ylng 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 e. Gilman have
each OF them deceased and that the suryiy-
OF OF them and each of them neglected dur
ing his lifetime to fill the vacancy occurring
by reason of the said decease of their CO.
trustee, and could not, by the terms of said
deed of trust fill such vacancy; that said
vacancies IN said trust of the places of both
of said trustees still remain untitled and
there is no trustee to administer said trust
created by said deed of mortgage and of
trust.
Third: Your petitioners further say that it
IS necessary that said trust should be con-
t1nued and administered for the benefit of
said bonds and the holders thereof, and Of
all Of the bonds issued under said mortgage
and the holders thereof, and for the per-
Torrance of the agreements, conditions and
trusts defined and set forth in said mortgage
deed of trust, said copy of which is hereunto
annexed and marked exhibit GAP as afore-
said.
Wherefore your petitioners being parties
interested in said trust as aforesaid, and in
terested in the proper performance and exc
cutlon thereof, respectfully pray that, after
such notice to all persons interested, by pub
LEGATION or otherwise, as the Court shall or
der, ana upon due hearing thereon, this
Honorable Court will appoint FredI1 Rich
ards and George E. Bird, both of said Port
land, OF such other persons as the Court
shall deem suitable as trustees to fill the
FdCdDcleS CAUSED Dy The QeaIn OIL Ine SalQ
George S. Hunt and the said Joseph K. Gil
man hereinbefore named as the original
trustees under said mortgage deed of trust;
and that, thereupon, and by virtue of said
appointment the property described in said
deed of trust and mortgage conveyed to and
held by the said George S. Hunt and Joseph
e. 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 the 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
trustees, and each of them, by publication
OF otherwise as the Court may order and de-
cree and that said heirs at law and per-
sonal representatives of said deceased trus-
appear and be heard in the matters coh-
tanned in this petition; and that this Honor
able Court may make such further orders
and DEGREES in the premises as it shall deem
meet and proper.
Portland, May 9th, A. D. 1897.
CONSOLIDATED ELECTRIC LIGHT COM
PANY OF MAINE.
By WILLIAM r. WOOD its Treasurer and
General Manager,
WILLIAM R. WOOD,
CLARENCE HALE,