The Portland daily press., 1897-05-15

SouHty OF Cumberland, IS.
Supreme Judicial Court.
April Term, 1897.
Atlantic & st Lawrence Railroad Company
S G the Grand Trunk Railway Company of
Cdhada, petitioners for appointment OF
trustees to fill vacancies.
70 Che Honorable Judges of the Supreme
oualclal Court of the State of Ma1ne
Your petitioners, the Atlantic & st. Law
tGnce railroad Company, a corporation
o ~ established and existing under the laws
III I,s me state OF Maine and having place OF
business at Portland, in said State, and the
ulaiiu trunk Hallway Company of Canada, a
corporation duly organized and existing by
d Sil'a ad OF the laws of the Dominion of Cana
ia, ana having a. place of businss at Mon
treal in said Canada, respectfully represent
ana show unto your Honors:
l.. Ihat your petitioners are both interest
the LIST day of October, in the wear of our
LORD, one thousand eight hundred and sixty
Tour, the said Atlantic e. st. Lawrence Rail-
, roaa company duly made and executed a
mortgage deed of trust to Charles j. Bridges
ana Joseph Hlckson, both then resident of
sala Montreal, and John b. Brown then a
s ses,dent OF Portland, Maine, and to their
real ana personal property, and rights and
llanch1ses of the said Atlantic q st. Law
t ISa1 railroad in the states of Maine, New
Hampshlre and Vermont, of which full
description is contained in said deed of
OF traSt, Which said trust was accepted by
sald Charles D Bridges and Joseph Hickson
tu inst son nnd p: Brown who thereby became
.ussees under said mortgage deed of trust
ana heid the property rights and franchises
conveyed to them in trust for the pupose OF
securing the payment of three thousand
hlhety-n1ne bonds for one hundred pounds
sterllng each, as set forth in said mortgage,
SAID bonds being dated October 1st, one
Thousand eight hundred and sixty-fcur, and
Ior other purposes named in said deed
or trust; the property conveyed and the
nature OF said trust more fully appear by
sald lndentnre and mortgage deed of trust,
copy OF which is hereunto annexed and
marked'' Exhibit Al and made part Of
this petition.
y That after entering upon the execution
OF said trust and during its continuance. va
cancies occurred therein which cannpt be
filled by appointment by the survivingstrus-
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 i. 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 sand trust created by said deed
OF mortgage. And your petitioners further
say that after the decease of said Charles
j. Bridges and John B. Brown. that the
said Joseph Hfckson continued to adminis-
of January, A. d. 1897, VIXEN he died, not
having appointed any trustees to fiji the
continuing vacancies caused by the death of
Charles j. Bridges and John B. Brown
8. And your petitioners further represent
that said The Grand Trunk Railway Com
pany of Canada is 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 se-
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
1T is necessary that said trust should be con-
tinued and administered for the benefit of
said bonds and the holders thereof, and tile
performance of the agreements, conditions
and trusts defined and set forth in said
mortgage deed of trust of the Atlantic s. st.
Lawrence RAILROAD Company. said copy of
which is htreunto annexed and marked
- Exhibit Al
ties interested in the trust and in the pro-
per performance and execution thereof, the
Atlantic q 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 Honora BILE Court
will appoint Charles M. Hays and Charles
Canada, and Almon A. Strout of Portland
in 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 ). Bridges, John Il. Brown and
Joseph Hickson in their lifetime, and at the
time OF the decease of each of them, shall
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
same were held by the said Charles j.
Bridges, John B. Brown and Joseph Hickson,
the original trustees in said trust, and that
the court will make such decree as shall be
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
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-
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 i'll the premises as it shall deem
meet and proper.
Portland, April 10, 1897.
ATLANTIC 8 ST. LAWRENCE RAILROAD
BY W. ". DUFFETT, Treasurer.
THE GRAND TRUNK RAILWAY CO., OF
CANADA,