The Portland daily press., 1897-05-08
MISCELLANEOUS.
STATE OF MAINE.

County of Cumberland, IS.
Supreme Judicial Court
April Term, 1897
Atlantic Il st. Lawrence Railroad Company
ana the Grand Trunk Railway Company of
canada, petitioners for appointment of
trustees to fill vacancies.
10 the Honorable Judges OF the Supreme
judicial Count of the State of Maine:
Your petitioners, the Atlantic q st. Law
dSnce hallroad Company, corporation
u e established and existing under the laws
OF the state of Maine and having place of
business at Portland, in said State, and the
1rand trunk Railway Company of Canada,a
COZ poratlon duly organized and existing by
virtue W OF the laws of tho Dominion of Cana
IA tu ana having place of busnss at Mon
tIeal IN SAID canada, respectfully represent
ana show unto your Honors:
81 J.. that your petitioners are both interest
~ 81 III the trust hereinafter set forth, that on
the !st day of October, in the year of our
Lore, one thousand eight hundred and sixty
TOUR, the said Atlantic s. st. Lawrence Rail-
loao company duly made and executed a
mortgage deed of trust to Charles j. Bridges
ana Joseph H1ckson both then resident of
sala montreal, and John r. Brown then
aesiaent OF Portland, Maine, and to their
Survivors and successors, of the railroad,
real ana personal property, and rights and
rranchlses of the said Atlantic Il st. Law
renee Railroad in the states of Maine, New
hampshire and Vermont, of which full
description is contained in said deed of
VI =; tr4 E, which said trust was accepted by
DIytScS anu OOSepn 1lCkSOn
and John b. Brown, who thereby became
justices under said mortgage deed of trust
anu heid the property rights and franchises
conveyed TO them i'll trust for the pupose OF
securing the payment of three thousand
ninety niue bonds for one hundred pounds
steIilng each, as set forth in said mortgage,
SAID bonds being dated October 1st, one
Thousand eight hundred and sixty -four, and
| FOR other purposes nameo in said deed
| OF trust; the property conveyed and the
nature OF SAID trust more fully appear by
md rfr- IL -
| copy OF which is hereunto annexed and
marked.. ES hihit A, and made a part of
this petition.
2. That after entering upon the execution
OF said trust and during its continuance va
eancles occurred therein which cannot be
Hlied by appointment by the surviving trus-
zee or trustees named in said deed of trust /,
and that said vacancies occurred and still
continue by reason of the fact that the said
Charles J. Bridges and Joseph Hickson and
John y. Brcwn have each of them deceased,
and that the survivors of them neglected
during their lifetime to fill the vacancies
I occurring by reason of the said decease of
their CO trustees: and said vacancies in said
trust, of the places of all said trustees still
remain unified and there is no trustee to
administer SAID trust created by said deed
OF mortgage. And your petitioners further
J. Bridges and John B. Brown, that the
said Joseph Hfckson continued to aominis-
ter said trust until the fourth day
OF January, A: D. 1887, Wien he died, not
1
continuing vacancies caused by the death of
Charles J. Bridges and John 3. Brown.
y. And your petitioners further represent
that said The Grand Trunk Railway Com
pany of Canada is a lessee OF the railroad
and property described in said trust deed,
| which said lease is still in force for the un-
expired term thereof; that the bonds Sc
cured by said indenture and mortgage deed
| OF trust have never been discharged or can
celled, but the same are now held by your
petitioner, the Grand Trunk Railway Com
pany of Canada.
| 4. And your petitioners further say that
| it Is necessary that said trust should be con-
| tinued and administered for the benefit of
said bonds and the holders thereof, and the
| performance OF the agreements, conditions
and trusts defined and set forth in said
mortgage deed of trust of the Atlantic & st.
| Lawrence Railroad Company. said copy of
Which is b. reunto annexed and marked
exhibit A.
| Wherefore your petitioners being the par
| Ties interested in the trust and in the pro-
per performance and execution thereof, the
| Atlantic Il St. Lawrence Railroad Company
| amongst other things as the mortgagor and
| the owner of the equity of redemption IN
der said mortgage deed of trust, and the
| obligor upon said bonds, and the Grand
| Trunk Railway of Canada Company amongst
other things being interested as the lessee
| of the property, rights and franchises con-
veyed by said mortgage deed Of trust. and
| as the holder of the bonds secured thereby,
respectfully pray that after such notice 10
all persons interested by publication or
otherwise, as the Court shall order, and upon
due hearing thereon, this Honora BILE Court
will appoint Charles M: Hays and Charles
Percy, both of Montreal, in the Dominion of
| Canada, and Almon A. StTout OF Portland
| i'll the said county OF Cumberland, OF such
| other persons as the court shall deem suit
able, as trustees to fill the vacancies caused
| by the death of Charles j. Bridges, John
| b. Brown and Joseph Hickson, hereinbefore
named as the original trustees under said
i mortgage deed OF truSt and that there
upon and by virtue of said appointment,
| the property described in said deed OF trust
and mortgage conveyed to and held by
l said Charles j. Bridges, John b. Brown and
| Joseph Hickson in their lifetime, and at the
| time OF the decease of each of them, shall
| vest in said trustees so appointed by sail
court without further conveyance thereof
and that said trustees SO appointed shall
| have the rights and powers to be subject to
the duties relating to such trust to the same
extent and for the same purposes as the
| same were held by the said Charles J.
| Bridges, John b. Brown and Joseph Hiclzson
| the original trustees in said trust, and thai
the court will make such decree as shall be
proper in the premises to confirm the trans
| fer of title as hereinbefore set FORTH
| 5.-And your petitioners further pray
| that this Honorable Court will order sucf
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
i sonal representatives of said deceased trus
| tees. and each of them, may be allowed tc
| appear and be heard in the matters con
tanned in this petition, AND that this honor
| able Court may make such further order.
and DEGREES ill the premises as it shall deem
| meet and proper
| Portland, April 10, 1897.
ATLANTIC & ST. LAWRENCE RAILROAD
COMPANY,
by W. W. DUFFETT, Treasurer
THE GRAND TRUNK RAILWAY CO. OF
CANADA,
By CHAs. NJ. HAYS, General Manager.
A. A. STROUT, Attorney for Petitioners.
STATE OF MAINE.
G.S.)
County of Cumberland IS.
fess- Supreme Judicial Court.
April Term 1897.