The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-11
NEW ADVERTISEMENTS
STATE OF MAINE.

Noulily VI s..
Supreme Judicial Court.
April Term, 1897
Consolidated Electric Light Company of
Maine and william r Wood Petitioners for
To the Honorable Justices of the Supreme
Judicial Court of the State of Maine:
Your petitioners, the consolidated Electric
Light Company of Maine, "a corporation duly
established and existing under the laws Of
the State of Maine, and having it's location,
residence and place of business at Portland
in said county and State, and William r.
Wood of said Portland, respectfully repre-
sent and show unto this Honorable Court as
follows:
First; That on the first day of June in the
year of our Lord one thousand eight
hundred and ninety-one, the said CONSOLE
GATED Electric, Light Company of Maine,
duly made and executed mortgage deed of
trust to George S. Hunt and Joseph f. Gill
man, both of said Portland, as trustees, and
to their successors, with full power of sue
cession and the enjoyment of the franchises
OF the corporation, of all the real estate of
said corporation, buildings, machinery, tools
and equipments and also all its franchise
rights i'll real estate and all other rights
which said corporation has, or which it
may hereafter have, and especially all its
posts, lamps, fuel and supplies and all its
other apparatus and appliances of or
for electric lighting within said Portland
and within the town of DeeIing; also all its
present OF future rights TO make use in
said city OF town, and to vend therein for
use IN said city or town, all patents, inven-
IlOllS ana discoveries which it then owned
or which it might thereafter own, lease. con-
troll, use or yend: of all of which property
full description IS contained in said deed
of trust to which reference is had for full
description, the same being made Part of
this petition, and annexed hereto; that
said trust was accepted by said George S.
Hunt and Joseph e. Gilman, such trustees,
who thereby became trustees under such
mortgage deed of trust, and held the proper
ty, rights and franchises conveyed to them
in trust for the purpose of securing the pay
ment of four hundred bonds for five hundred
dollars each, as set forth in SAID mortgage
deed Of trust, (said bonds being dated june
named in said deed of trust. The property
conveyed and the nature of said trustSmore
fully appear by said indenture and mort
Unto annexed and marked ,.A'' and made a
part of this petition, said mortgage deed of
trust being recorded in the Cumberland
Registry of Deeds, Mol. 5a1, pages los to 100;
that your petitioners are both interested in
the trust hereinafter set forth namely, the
said corporation is interested mortgagor
and grantor in said mortgage and deed of
trust as above set forth and your petitioner.
William r. Wood, is interested in said trust
because he is the owner of ten of said bonds
issued under said mortgage deed of trust,
namely of bonds of said corporation to the
amount of five thousand dollars.
Second: That after entering upon the
execution of said trust, and during it's con-
tlnuance, vacancies occurred therein which
cannot be Tiled by appointment by the sur
y1vlng trustee named in said trust and that
reason OF the fact that the said George S.
Hunt and the said Joseph e. Gilman have
each of them deceased and that the srlrviy-
or of them and each of them neglected dur
ing his lifetime to fill the vacancy occurring
by reason of the said decease of their CO.
trustee, and could not, by the terms of said
deed of trust fill such vacancy; that said
vacancies said trust of the places of both
OF said trustees still remain uI.filled and
there is no trustee to administer said trust
created by said deed of mortgage and of
trust.
Third: 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 of
all of the bonds issued under said mortgage
and the holders thereof, and for the per-
Torrance of the agreements, conditions and
trusts defined and set forth in said mortgage
deed of trust, said copy of which is hereunto
annexed ami marked exhibit 'sA' as afore-
said.
Wherefore your petitioners Icing parties
interested in said trust as aforesaid, and in
terested i'll the proper performance and exc
cutlon thereof, respectfully pray that, after
such notice to all persons interested, by pub
LEGATION OF otherwise, as the Court shall or
der, ana upon due hearing thereon, this
Honorable Court will appoint Fred L. Rich
ards and George E. Bird, both of said Port
land, or such other persons as the Court
shall deem suitable as trustees 10 fill the
vacancies caused by the death of the said
George s. Hunt and the said Joseph E. Gil
man hereinbefore named as the original
trustees under said mortgage deed of trust;
dHlt tIaE, lN6reupOI, ana ny Virtue Oh Salu
appointment the property described in said
deed of trust and mortgage conveyed to and
held by the said George s. Hunt and Joseph
f. Gilman in their lifetime and at the time
of the decease of each of them, shall vest in
said trustees SO appointed by this Court
without further conveyance thereof; and
that said trustees so appointed shall have
the rights and powers and be subject to the
duties relating to such trust to the same ex-
tent and for the same purposes as the same
were held by the said George S. Hunt and
Joseph f. Gilman, the original trustees in
said trust and that this Court will make
such decree as shall be proper and suitable
III the premises to confirm the transfer of
title as herein set forth and prayed for.
Fourth: 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 otherwise as the Court may order and de-
cree and that said heirs at law and per-
sonal 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 decpees in the premises as it shall deem
meet and proper.
Portland, May 9th, A. d. 1897.
CONSOLIDATED ELECTRIC LIGHT COM
PANY OF MAINE.
By WILLIAM r. WOOD its Treasurer and
General Manager,
CLARENCE HALE,
oyya Tld Gnli nj fnrP atttin