The Portland daily press., 1897-05-22
NEGOTIATIONS.
STATE or MAINE.
County of Cumberland, IS.


and the Grand Trunk Railway company OF
Canada, petitioners for appointment OF
trustees to fill vacancies.
TO the Honorable Judges of the Supreme
Judicial Court of the State of Maine:
Your petitioners, the Atlantic Il st. Law
duly esta bliShed and existing under the laws
of the State of Maine and having place OF
business at Portland, in said State, and the
Grand Triiuk Railway Company OF Canada,a
corporation dtily organized and existing by
virtue of the laws of the Dominion OF cana
da, and having place of busi4ss at Mon.
treal in said Canada, respectfully lepkeseh'
and show unto your Honors:
l. That your petitioners are Dotn INTEREST
ed in the trust hereinafter set 1oftil' lna1 Oh
the LIST day of October, in the year o., 4ur
Lord, one thousand eight hundred and Sixty
four, the said Atlantic q st. Lawrence feail-
road Company duly made and executed a
mortgage deed of trust to Charles .. bfyuges
and Joseph H1ckson, both then resident OF
said Montreal, and John II. Brown then u
resident of Portland, Maine, and TO tner
survivors and successors, OF the Ialifoao,
franchises of the said Atlantic st. Law
renee Railroad In the states OF Maine, new
hampshire and Vermont, OF which 1uif
description is contained in said deed OF
of trust, which said trust was accepted by
said Charles j. Bridges and Joseph Hickson
and John b. Browne who thereby became
justices 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
sterling each as set forth in said mortgage,
said bonds being dated October 1st, one
Thousand eight hundred and sixty-fcur, and
for other purposes named i'll said deed
Of trust; the property conveyed and the
nature OF said trust more fully appear by
said indenture and mortgage deed of trust.
a copy Of which is hereuhto annexed and
| marked' Exhibit A., and made q part of
this petition.
| 2. That after entering upon the execution
| OF said trust and during its continuance, va
cancies occurred therein which cannot be
| filled 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 B. 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
| say that after the decease of said Charles
asrXdges and John B. that the
ter said trust until the fourth day
of January, A. D. 1897, VIXEN he died, not
having appointed any trustees to fill the
| continuing vacancies caused by the death of
Charles j. Bridges and John j. Brown.
3. And your petitioners further represent
that said The Grand Trunk Railway Com
1
| 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.
a. 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
| nnrfOrmannn q aprppmpntG 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 h6reunto annexed and marked
| Exhibit Az
Wherefore your petitioners being the par
| les.interested in the trust and i'll the pro-
per performance and execution thereof, the
| Atlantic 81 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 or
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
| III the said county of Cumberland, or 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 5. 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 said
| 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
I extent and for the same purposes as the
same were held by the said Charles j.
| the original trustees in said trust, and that
the court will make such decree as shall be
proper i'll 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 OF
otherwise, as the court may order and de-
cree, and that said heirs at law and per
sonaI 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 ill tile premises as it shall deem
| meet and proper.
| Portland, April 49, 1897.
ATLANTIC a. ST. LAWRENCE RAILROAD
| BY W. W. DUFFETT, Treasurer.
THE GRAND TRUNK RAILWAY CO., OF
By cHAs. NJ. HAYS, General Manager.
| A. A. STROUT, Attorney for Petitioners.