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

County of Cumberland, IS.
Supreme Judicial Court,
April Term, 1897
Atlantic and st. Lawrence Railroad Com
pany and the Grand Trunk Railway Compa-
ny of Canada, Petitioners for Appointment
OF Trustees to ill Vacancies.
To the Honorable Judges of the Supreme
judicial Court of the State of Maine:
Your petitioners, the Atlantic and St. Law
renee Railroad Company. corporation duly
established and existing under the laws of
the State of Maine, and having place of
business at Portland in said state, and the
Grand Trunk Railway company of Canada,
corporation duly organized and existing
by virtue of The laws of the dominion OF
Canada, and having place of business at
represent and show unto your Honors
1.-That your petitioners are interested in
the trust herein after set forth; that on the
first day of May in the year of our Lord, one
thousand eight hundred and seventy-one,
the said Atlantic and st. Lawrence Railroad
Company duly made and executed mort
gage deed of trust to Charles j. Bridges and
Joseph Hickson, both then resident of said
Montreal, and Samuel f. Spring then resi-
dent of said Portland, and to their survivors
and successors, of the railroad, real and
personal property, and rights and franchises
of the said Atlantic and St Lawrence Rail-
road Company, in the States of Maine, New
Hampshire and Vermont, of which full
description is contained in said deed of trust,
which said trust was duly accepted by said
Charles j. Bridges, Joseph dickson and
samuel T.. Spring VINO thereby became truS-
tees under said mortgage deed of trust and
held the. property rights and franchises con-
veyed to them in trust for the purpose of
securing the payment OF one Thousand four
hundred and seventy-three bonds for one
hundred pounds sterling each, amounting In
the aggregate to one hundred and forty-
seven thoIsand three hundred pounds IN
all, said bonds being dated May first, one
thousand eight hundred and seventy one
ana for other purposes named in said deed
OF trust; the property conveyed and the
met IN Luz
said 1ndenture and mortgage deed of trust,
a copy OF which is hereunto annexed and
marked Exhibit A" and made part of
this petition.
THAT after entering upon the execution
OF said trust and during Its continuance
vacancies occurred therein which cannot be
filled by appointment by the surviving
trustee 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. Blydges, Joseph Hickson
and Samuel e. Spring have all of them de-
ceased, and that the survivors OF them neg
lected during their life time to fill the
deceaSe of their co-trustees, and said yacan-
cies in said trust of the Tla:es OF all OF said
trustees still remain unified, and there is
no trustee to administer said trust created
by said deed of mortgage. And your
petitioners further say that. after the decease
of said Charles J. Bridges and Samuel 4.
Spring, that The said Joseph Hickson con-
| tinued to administer said trust until the
| fourth day OF January A. D., 1897, when he
died, not havi q appointed any trustees to
fill the continuing vacancies caused by the
| death of Charles j. Bridges or samuel Z.
Spring or either of them.
3.-And your petitioners further represent
| that said The Grand Trunk Railway Com
| paay 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 secured
trust have never been discharged or can
| celIed, 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
| per formance OF the agreements. conditions
and trusts defined and set forth in said
mortgage deed of trust of the Atlantic and
| st. Lawrence silf"ai Company, said copy
| of which il 5.e,;i, . annexed and marked
'EXhiEut A. 81.
WIFI REFORE your petitioners, being the
parties interested in said trust and in the
proper performance and execution thereof,
the Atlantic and st. Lawrence Railroad
Company, amongst other things as the mort
gagor and the owner OF the equity Of re-
dennption under said mortgage deed of trust
and the obligor upon said bonds, and The
Grand Trunk Railroad Company of Canada
amongst other things being interested as the
lessee OF the property, rights and franchises
conveyed by said mortgage deed OF trust,
| and as the holder of the bonds secured
thereby, respectfully pray, that after such
ton or otherwise, DIS the Court shall order,
and upon due hearing thereon this Honor
able Court will appoint Charles M. Hays and
Charles Percy, both of Montreal in the
| Dominion of canada, and Almon A. Strout
of Portland in the said County of Cumber-
land, or such other persons as the Court
vacancies caused by the death of Charles j.
Bridges, Samuel Z. Spring and Joseph
Hickson, hereinbefore named as the original
trustees under said mortgage deed of trust;
| and til at tlereuDOn and bV virtue of said
appointment, the property described in said
decd OF trust and mortgage conveyed to and
| held by said Charles j. Bridges, Samuel E.
| Spring and Joseph dickson in their lifetime
and at the time of the decease of each of
| them. shall vest III said trustees so APP
pointed by said court without further con-
| Yeyance 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, Samuel L. Spring and
| Joseph dickson, the original trustees in said
| trust, and that the court will make such de-
| cree as shall be proper In the premises to
confirm the transfer OF title as nereinbefore
| set FORTH
sand 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 or other
and that. said heirs at-law and personal
representatives of said deceased trustees,
and each of them, may be allowed to appear
/ and be heard in the matters contained in
| this petition, and that this Honorable Court
may make such further orders and DEGREES
| in the premises as it shall deem meet and
| proper.
| Portland, April 18th, 1897. Atlantic and ST.
Lawrence Railroad Company.
| BY W. W. DUFFETT, Treasurer.
| The Grand Trunk Railway Company of
Bv CHARLES NJ. HAYS, General Manager.
A. A. STROUT, Attorney for Petitioners