The Portland daily press., 1897-05-15
MISCELLANEOUS,
STATE OF MAINE.

County-.of Cumberland, IS.
RI Supreme Judicial Court,
April Term, 1897
pany and the Grand Trunk Railway Compa-
ny Of Canada, Petitioners for appointment
Oh trustees to I'LL Vacancies.
To 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
me state of Maine, and having place OF
business at Portland in said state, and the
Grand Trunk Railway company Of Canada,
corporation duly organized and existing
by virtue of the laws of the dominion OF
Montreal in said Canada, respectfully
represent and show unto your Honors
THAT your petitioners are interested in
the trust hereinafter set forth; that on the
first day of May in the year of our Lord, one
thousand eight hundred and seventy-one,
the said Atlantic and ST. Lawrence Railroad
gage deed of trust to Charles J. Bridges and
Joseph Hickson, both then resident of said
dent of said Portland, and to their survivors
and 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 full
description is contained in said deed of trust,
which said trust was duly accepted by said
Charles J. Bridges, Joseph Hickson and
Samuel E. Spring who thereby became trus-
tees under said mortgage deed of trust and
held the.property rights and franchises con-
veyed to them in trust for the purpose of
securing the payment of one thousand four
hundred and seventy three bonds for ones
the aggregate to one hundred and forty-s
seven thousand three hundred pounds inc
az. said bonds being dated May first, ones
thousand eight hundred and seventy one.
ana Tor other purposes named in said deed
OF trust; the property conveyed and the
nature of said trust more fully appear by
lndentllra of
a copy Of which is herennto annexed and
marked Exhibit A, and made part of
this petition
2Zrhat after entering upon the execution
of said trust and during Its continuance
vacancies occurred therein which cannot be-
filled " appointment by the surviving
trust, and that said vacancies occurred and
still continue by reason of the fact that the
said Charles J. Brydges, Joseph Hickson
ceased. and thatt Survivors OF them neg
lected during their life time to fill the
Vacancies f occurring by reason Of the said
cies 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-afte the decease
Of said Charles j. Bridges and Samuel e.
Spring, that The said Joseph Hickson con-
tfnued to administer said trust until the
fourth day OF January, A. D., 1897, when he
died, not having appointed any trustees to
death of Charles j. Bridges OF Samuel Z.
Spring or either of them.
tb. +A aid your petitioners further represents
pany of Canada is lessee of the railroad
and property described in said trust deed,
which said lease is still in force for the un-
expired term thereof that the bonds secured
by said tndenture 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.
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 tho
per formance OF the agreements. conditions
mortgage deed of trust of the Atlantic and
ST. Lawrence h.i!rsad Company, said copy
Of which is hereun.o annexed and marked
WHEREFORE your petitioners, being tho
parties interested in said trust and in the
proper performance and execution thereof,
Company, amongst other things as the mort
gagor and the owner of the equity of re-
demptton under said mortgage deed of trust
and the obligor upon said bonds, and The
Grand Trunk Railroad Company OF Canada
amongst other things being Interested as the
lessee OF the property, rights and franchises
conveyed by said mortgage deed OF trust,
and as the holder of the bonds secured
thereby. respectfully pray, that after such
ton or otherwise, as the Court shall order,
and upon due hearing thereon this Honor
able Court will appoint Charles NJ. Hays and
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.
Bridges, Samuel Z. Spring and Joseph
H1ckson, 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
Il so
Spring and Joseph HicksoIi 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-
Yeyance thereof, and that said trustees so
appointed shall have the rights and powers
to be subject to the duties relating to such
purposes as the same were held by the said
Charles j. Bridges. Samuel E. Spring and
Joseph dickson, the original trustees In 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 hereinbefore
set forth.
5.-And your petitioners further pray that
to be given to the heirs at law and personal
representatives of said deceased trustees,
and each of them, by publication or other
and that: said heirs-at-iaw 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
Portland, April 18th, 1897. Atlantic and St..
Lawrence Railroad Company.
BY W. W. DUFFETT, Treasurer.
The Grand Trunk Railway Company Of
BY CHARLES M. HAYS, General Manager
A. A. STROUT, Attorney for Petitioners