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

'S VI cumberland, SIS.
April Term. 1897
atlantic and st. Lawrence Railroad Com
Pahy and the Grand Trunk Railway Compa-
~ u " canada, Petitioners for Appointment
VI trustees to I'LL Vacancies.
70 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 q place of
business at Portland in said state, and the
ofand Trunk Railway company of Canada,
a corporation duly organized and existing
6oy virtue of the laws of the dominion OF
Montreal, i'll said Canada, respectfully
represent and show unto your Honors:
THAT your petitioners are interested in
the trust hereinafter set forth that on the
1lrst day of May in the year of our Lord, one
thousand eight hundred and seventy-one.
me me said Atlantic and st. Lawrence Railroad
Company duly made and executed a mort
| gage deed of trust to Charles j. Bridges and
Joseph dickson, both then resident of saiu
Montreal, and samuel E. Spring, then resi-
dent of said Portland, and to their survivors
| ana 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 a full
description is contained in said deed of trust,
winch SAID trust was duly accepted by said
| Samuel e. Spring who thereby became trus-
tees under said mortgage deed of trust and
held the. property rights and franchises con-
veyeu 70 ;, tnem IN trust for the purpose of
securing the payment of one thousand four
hundred and seyenty-three bonds for one
hundred pounds sterling each, amounting in
Ine aggregate to one hundred and forty
seven thousand three hundred pounds in
all, said bonds being dated May first one
| thousand eight hundred and seventy one
and for other purposes named in said deed
OF trust; the property conveyed and the
nature OF said trust more fully appear by
SAID indenture and mortgage deed of trust,
copy OF which is hereunto annexed and
this petition
THAT after entering upon the execution
OF SAID trust and during Its continuance
hlled by appointment by the surviving
trustee or trustees named in said deed Of
trust, and that said vacancies occurred and
said Charles ). Bridges, Joseph Hicllson
and Samuel 3. Spring have all of them de-
ceased, and that the survivors OF them neg
lected during their life time to fiji the
vacancies occurring by reason of the said
decease of their co-trustees, and said vacan-
cles in said trust of the places OF all OF 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 j. Bridges and Samuel Il.
Spring, that The said Joseph Hickson con-
lnued to administer said trust until the
fourth day OF January, A. D., 1897, when he
died, not hay1ng appointed any trustees to
I'LL the continuing. vacancies caused by the
death of Charles 3. Bridges or Samuel f.
Spring OF either of them
Sand your petitioners further represent
that said The Grand Trunk Railway Com
pa1y of Canada is a lessee of the railroad
and property described in said trust deed.
which said lease is still in force for the I'M
expired term thereof; that the bonds secured
by said indentare and mortgage deed of
trust have never been discharged OF can
celled, but the same are now held by your
petitioner, The Grand Trunk Railway Com
pany of Canada.
And your petitioners further say that
1t 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 and
st. Lawrence Railroad Company, said copy
of which is hereunto annexed and marked
exhibit Az
WHEREFORE your petitioners, being the
parties interested iu 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-
demption under said mortgage deed of trust
and the obligor upon said bonds, and The
strand Trunk Railroad Company of Canada
amongst other things being Interested as the
lessee of the property. rights and franchises
conveyed by said mortgage deed vi trust,
and as The holder of the bonds secured
thereby, respectfully pray, chat after such
ton or otherwise. as 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.
Brydges, Samuel E. Spring and Joseph
Hickson. hereinbefore named as the original
trustees under said mortgage deed OF trust:
and that thereupon and by virtue of said
appointment, the property described in said
deed OF trust and mortgage conveyed to and
held by said Charles j. BrydgeS, Samuel E.
Spring and Joseph Hickson in their lifetime
and at the time of the decease of each of
them shall vest in said trustees so ap-
pointed by said court without further con-
Veyance 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 4. Spring and
Joseph dickson, the original trustees i'll 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.
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 other
wise, as the court may order and decree,
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
Canada,
By CHARLES M. HAYS, General Manager.
A. A. 'STROUT, Attorney for Petitioners,