The Portland daily press., 1897-05-21
STATE OF MAINE.

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
N M said county and State, and William r.
sent and show unto this Honorable Court as
| follows:
First; That on the, first day of June in the
1 hundred and ninety-on the said Consoli-
dated Electric Light Company of Maine
duly made and executed mortgage deed Of
trust to George S. Hunt and Joseph f. Gil
| man, both of said Portland, as trustees, and
| to their successors, with full power of sue
cesslon and the enjoyment of the franchises
| said corporation, buildings, machinery. tools
and equipments and also all its franchise
| rights IN real estate and all other rights
which said corporation has, OF which it
may hereafter have, and especially all its
| boilers, dynamos, engines, hose wires
Posts, lamps. fuel and supplies and all its
Tor electric lighting within said Portland
ana within the town of Deering; also all its
pre- present nj OF future rights to make or use in
use in said city OF town, all patents, inven-
lions and discoveries which it then owned
| OF which it might thereafter own, lease, con-
1
full description is contained in said deed
| OF trust to which reference is had for full
description, the same being made part of
thls petition, and annexed hereto; that
sad trust was accepted by said George S.
Hunt and Joseph E. Gilman, such trustees,
VINO merely BECAME trustees under such
mortgage deco OF trust, and held the proper
| ty, rights and franchises conveyed to them
IN trust Tor the purpose of securing the pay
ment OF four hundred bonds for five hundred
collars each, as set forth III SAID mortgage
deed OF trust, (said bonds being dated June
LIST, A. d. 1891 and for other purposes
named in said deed of trust The property
conveyed and the nature of said trust more
tully appear by said ndenJure and mort
gage deed Of trust, copy of which is here
| unto annexed and marke d 'A'' and made a
part OF this petition, said mortgage deed of
trust being recorded in the Cumberland
Registry of Deeds, Vol. 581, pages 1Os to 100
that YOU, petitioners are both interested in
the trust hereinafter set forth namely, the
SAID corporation is interested as mortgagor
and grantor in said mortgage and deed of
trust 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-
tinuance, vacancies occurred therein which
cannot be filed 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
eacn OF them deceased and that the surviy
or 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-
tinued 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-
formance of the agreements, conditions and
trusts defined 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 aforesaid, and in
terested in the proper performance and exc
cution 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 Fred E. Rich
ards and George E. Bird, both of said Port
land, or such other persons as the Court
shall deem suitable as trustees to fill the
vacancies caused by the death of the said
George 5. Hunt and the said Joseph E. Gil
man hereinbefore named the original
trustees under said mortgage deed of trust; \
and that, thereupon, and by virtue of said
appointment the property descrl bed in said
1
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 r. 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
or otherwise as the Court may order and de- |
cree. and that said heirs at law and per-
sonal representatives of said deceased trus- |
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 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,
Attorney and Solicitor for Petitioners