The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-10-30
LEGAL NOTICES.

TO THE HONORABLE THE JUS
TlCES OF THE SUPREME JUDICIAL
COuRT-Holden at Worcester, within
and for the county of Worcester:
Respectfully represents Abraham Rosen-
berg OF Gardner, in said county of Wor-
cester, that he is the owner of a certain
parcel of land in said Gardner, the record
title of which is encountered by an UNI
discharged mortgage dated January LIST,
1868, from Henry w. Wellington, now
deceased, to John Corey, now deceased,
in trust for Eliza X Ordway, now de-
ceased, whose domicile at the time OF
her decease was Cambridgeport Mass
| that the mortgage was made to secure
the payment of certain promissory note
OF even date with said mortgage, for the
| sum OF hfteen hundred ($l500 dollars,
with interest, payable to said John Corey,
! trustee, hVe years from date; that SAID
mortgage is recorded with Worcester
district registry of deeds, book $780, page
lS4; that said Wellington conveyed the
premises 10 Francis Conant by warranty
DEED, dated January LIST, 1866, subject to
the said mortgage which was assumed by
me grantee; Francis Conant conveyed
said premises to Lowell Williams by
Lowell Williams conveyed said premises
to Georgtanna e. Patterson by warranty
deed, dated December 18th 1889; Georgi-
anna q. Patterson conveyed said premises
to Brigham n. Bullock. Henry A. Willis
and Henry Allison, trustees by quit claim
DEED, dated January 18th, 1890; Brigham
-, DuAlONhg I1SHIy "A. Wills anu I1clllS
Allison, trustees, conveyed said premises
TO Lowell Williams by quit claim deed,
/ dated March oath, 1892; Lowell Williams
| is now deceased, he devised said prem
Uses TO Eliza w. Lawrence, in trust, and
Eliza w Lawrence, trustee under the
Will OF the said Lowell Williams, on the
9th day OF February 1898, conveyed said
premises In fee to the petitioner, and he
has since had possession of the same;
| that the possession of the several owners
and occupants of the said premises has
Deen continuous and uninterrupted for a
period or more than twenty years since
the expiration of the time limited in the
aforementioned mortgage for the per-
formance OF the conditions thereof, viz
since January LIST, 1868; that no payment
mas been made on account of the debt
tsecured by said mortgage within said
twenty years and no other act has been
done within said time in recognition of
the valid existence of said mortgage;
that by the terms of the trust agree
ment between the said Eliza X. OrdWay,
formerly Eliza Kimbau, and the said
John Corey, under which said mortgage
from Henry W. Wellington 10 John Corey
was taken and held, the said trustee was
to convey the property so held in trust
to the said Eliza K. Ordway at any time,
upon her written request or to any other
| person whom she should in writing de-
signate as the trustee to whom she
! wished to have the same conveyed and
transferred, and at her decease, if said
| trust property had not previously been
| disposed of by her direction the trustee
was to distribute 1t in accordance with
the terms of her will that afterward,
| on the Sth day of June 1863 the said
| John Corey, upon the written request of
| the said Eliza K. Ordway, conveyed the
property so held in trust, including said
mortgage from Henry w. Wellington to
said Corey. to Rev Lewis Colby of Cam
| bridge as trustee under the provisions
of said original indenture of trust; that
the said Eliza K. Ordway died in 1879,
| leaving a will, which was allowed by the
| DTOD1te nj
on the 18th day of August, 1879; that by
said will she gave specific legacies to
her son, Chas. A. Kimball, now deceased
and to her daughter, Eliza Ann Bridges,
wife of Albert Bridges, of Westfield, N. j.,
and to her two granddaughters, Emma
| Louise Bridges and Eliza Kimball
rest and residue of her estate and prop
| erty, whether in her own hands and
! possession or in that of the said Lewis
| Colby trustee, as aforesaid, she gave to
| the said Eliza Ann Bridges in trust for
the, benefit of her said granddaughter
and their issue; that after the death of
the said Eliza X. Ordway, the said Lewis
Colby trustee as aforesaid, assigned and
Bridges. trustee under the will of
| the said Eliza X. Ordway, as afore-
said, all deeds of mortgage to the
| said Lewis Colby, IN his said capacity as
| trustee made, and all notes and debts
| by the said mortgages secured, by an
| instrument in writing, dated September
| 9lh lSf3t that the SAID Eliza Ann Bridges,
| Emma Louise Bridges and Eliza Kimbali
! Bridges, now Eliza Kimball DeLamater,
are now living and reside at Westfield,
in the state of New Jersey, and by the
terms of said original trust agreement
and of the will of the said Eliza X
| OrdwaY no other persons seem to have
any interest in said mortgage or in the
| debt secured thereby.
| Your petitioner therefore prays that,
| after notice to said respondents and to
| all other parties interested, by publica-
| ton or otherwise, as may be ordered, the
| court will order a decree to be entered
| setting forth the facts as herein alleged
and the findings of the court in accord
ance Herewith, to the end that said
! decree may be duly recorded in the
registry of deeds, as provided by the
statute of 1882 chapter 237; and that
| thereafter no action shall be brought by
any persons to enforce said mortgage.
ABRAHAM ROSENBERG.
| BY his attorney.