The Portland daily press., 1897-05-20
MISCELLANEOUS.
STATE OF MAINE.

county OF Cumberland IS.
Supreme Judicial Court.
April Term, 1897
Atlantic & StLawrence Railroad Company
ana the Grand Trunk Railway Company OF
| Sahada, petitioners Tor appointment OF
| trustees to fill vacancies.
10 the Honorable Judges of the supreme
judicial Count of the State of Maine;
Your petitioners, the Atlantic & st. Law
renee Railroad Company, corporation
duly established and existing under the laws
OF The State of Maine and having pace Oh
business at Portland, in said State, and the
| Granu'Trunll Railway Company OF CANADA, a
corporation duly organized and existing by
virtue of the laws of the Dominion OF cana
da, and having place OF buslnss at Mon
| treal in said Canada, respectfully represent
| and show unto your HonofS;
| /. That your petitioners are both interest
| ed in the trust hereinafter set forth, that on
| the 1st day of October in the year of our
| Lord one thousand eight hundred and sixty
| four, the said Atlantic & st. Lawrence Rail
road Company duly made and executed a
mortgage deed of trust to Charles j. Bridges
and Joseph dickson, both then resident of
| said Montreal, and John II. Brown then a
resident of Portland, Maine, and to their
real and personal property, and rights and
franchises of the said Atlantic 81 st. Law
renee Railroad in the states of Maine, New
| Hampshire and Vermont, of which a full
| description is contained in said deed of
of trust, which said trust was accepted by
| said Charles j. Bridges and Joseph Hickson
tustees under said mortgage deed of trust
| and held the property rights and franchises
conveyed to them in trust for the pupose OF
securing the payment of three thousand
ninety nine bonds for one hundred pounds
sternng each, as set forth i'll said mortgage,
SAID bonds being dated October 1st. one
thousand eight hundred and sixty -four, and
lof other purposes named in said deed
OF trust; the property conveyed and the
nature OF said trust more fully appear by
SAID ndenture and mortgage deed of trust
a 10 hap o1l,tn xroH a,,I
marked.' Exhibit Az and made a part of
this petition.
! 2. That after entering upon the execution
| OF said trust and during its continuance, va
cancles occurred therein Which cannot be
| filed by appointment by the surviving trus-
tee 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 j. Brown have each of them deceased,
and that the survivors of them neglected
during their lifetime to fill the vacancies
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 untitled, 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 admins
ter said trust until the fourth day
having appointed any trustees to fill the
continuing vacancies caused by the death of
Charles J. Bridges and John 3. Brown
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 i'll force for the UNI
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 81 ST.
Lawrence RAILROAD Company. said copy of
which is he eunto annexed and marked
E" Exhibit Al
Wherefore your petitioners being the par
ties interested in the trust and in the pro-
per performance and execution thereof, the
Atlantic " st. Lawrence Railroad Company
amongst other things as the mortgagor and
the owner OF the equity of redemption I'M
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 to
all persons interested by publication OF
otherwise, as the Court shall order, and upon
due hearing thereon, this Honorable Court
will appoint Charles M. Hays and Charles
Percy, both of Montreal, in the Dominion of
Canada, and Almon a. Strout 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
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
said Charles J. Bridges, John i. Brown and
Joseph Hickson in their lifetime, and at the
time of the decease of each of them, shall
vest III said trustees so appointed by sail
court without further conveyance thereof,
and that said trustees SO appoin ted 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 We're held by the said Charles j.
Bridges, John Il. Brown and Joseph Hicllson,
the original trustees in said trust, and that
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 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 showed to
appear and be heard in the matters con-
tanned in this petition, ana tnat this honor
able Court may make such further orders
and DEGREES i'll the premises as it shall deem
meet and proper.
Portland, April 10, 1897.
ATLANTIC s. ST. LAWRENCE RAILROAD
By ". ". DUFFETT, Treasurer.
THE GRAND TRUNK RAILWAY CO., OF
CANADA,
By CHAs. NJ. HAYS, General Manager.
A. A. STROUT, Attorney for Petitioners.