The Portland daily press., 1897-05-22
MISCELLANEOUS.
STATE 0F MAINE.

County of Cumbellans IS.
Spreme judicial Court.
April Term. ls9.
pany and the Grand funk Railway Compa-
ny Of Canada, Petitioners for Annnji,tment
Of Trustees to fill Va&ncies
To the Honorable Judges Of the Supreme
Judicial Court of the Ssste OF Maine
Your petitioners the Mantle and st. Law
renee, kaiifoad Company, corporation duly
the State or Maine, and having a pkiee OF
business at Portland in said stats and She
Grand Trunk Railway company 81 Canada,
by virtue of the laws Of the Hominion Of
Sanada, ana having place of business at
montreal: N said Canada, respectfully
represent and show unto your HonoTs:
L-ihat Your petitioners are interested III
the trust hereinafter set forth; that on the
first day OF May in the year of our Lord, one
mo saia eight hundred and seventy,one
Company duly made and executed mort
gage deed OF trust to Charles j. Bridges and
Joseph dickson, both then resident of said
Montreal, and SAMUEL E. Spring, then resi-
uent OF sald PORTLAND, and to their survivors
ana successors, of the railroad, real and
personal property, and rights and franchises
OF t9e sald Atlantic and st. Lawrence Kali
ROAD company, in the States OF Maiiie; New
hampshire and Vermont, of which full
description is contained in said deed OF trust;
winch SAID trust was duly accepted by SAD
Nlho1Aco DISUgtS, IllohoOlA ttiiNt
Samuel E. Spring who thereby became trus--
tees under said mortgage deed of trust and
held the..property rights and franchises con-
veyeu TO them in trust for the purpose OF
securing the payment of one thousand four
hundred and seyentythree bonds for one
hundred pounds sterling each, amounting in
the 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,
ana 1of other purposes named III sald deeo
OF trust; the property conveyed and the
nature OF SAID trust more fully appear by
said lndenture and mortgage deed OF trust,
copy of which is hereunto annexed and
marked Exhibit A, i" and made part OF
2.-That after entering upon fhe execution
OF said trust and during ITS continuance
vacancies occurred therein which cannot be
1llled by appointment by the SURVIVING
| trustee OF trustees named in said deed of
trust and that said vacancies occurred and
| still continue by reason of the lact that the
| said Charles j. Bridges, Joseph Hickson
and Samuel E. Spring have all of them de-
| ceased, and that the survivors OF them neg
| lected during their life time to fill the
vacancies. occurring by reason OF the said
| deoease of their co-trustees, and said vacan-
| 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. Ana your
| petitioners further say that. after the decease
| of said Charles j. Bridges and Samuel E.
Spring, that The said Joseph Hickson con-
blnutu 10 administer Stttu JIuSL uHtll tllo
fourth day OF January. A. D., 1897, when he
died, not having appointed any trustees to
MI the continuing vacancies caused by the
death OF Charles j. Bridges OF Samuel e.
| Spring or either of them.
| Sand your petitioners further represen
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 in force for the I'M
expired term thereof that the bonds secured
by said indenture 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. "a
4HAnd your petitioners further say that
| it is necessary that said trust should be con-
| tlnued 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 A.'
| WHEREFORE your petitioners, being the
parties interested in said trust ana in the
proper performance and execution thereof,
| the Atlantic and st. Lawrence Railroad
| Company, amongst other things as the mort
gagor ana the owner OF the equity of re-
dempt1on 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 tie
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
notice to all persons Interested by .publica-
| ton OF otherwise. as the Court shall order,
| and upon due hearing thereon this Honor
| able Court VIII appoint Charles Nj. 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 causedTby the death of Charles j.
Bridges, Samuel E.7spFing and Joseph
| Hickson, hereinbefore hsfned as the original
trustees under said nioftgage deed of trust;
| and that thereupon and9by 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 APP
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
| trust to the same extent and for the same
! purposes as the same were held by the said
| Charles j. Bridges, Samuel &. 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 rs 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 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. DUFFEFT, Treasurer.
The Grand Trunk Railway Company OF
Canada,
BY CHARLES NJ. HAYS, General Manager,
A. A. STROUT, Attorney for Petitioners.