The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-30
LEGAL NOTICES.

LEGAL NOTICES
TO THE HONORABLE THE JUS
tees OF THE SUPREME JUDICIAL
COY RtT-Hiolden at Worcester within
and for the county of Worcester:
Respectfully represents Abraham Rosen-
berg of Gardner. in said county of Wor-,
cestef that he is the owner of certain
parcel of land in said Gardner, the record
title of which is encountered by an un-
discharged mortgage dated January fst,
1863 from Henry w. Wellington, now
deceased, to John Corey, now deceased,
in trust for Eliza <: ordway, now de.
ceased, whose domieile 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 fifteen hundred ($1500) dollars,
with interest, payable to said John Corey,
trustee, five years from date; that said
mortgage is recorded with Worcester
lS4; that said Wellington conveyed the
premises to Francis Conant by warranty
deed, dated January LIST, 1865, subject to
the said mortgage which was assumed by
the grantee; Francis Conant conveyed
said premises to Lowell Williams by
warranty deed, dated August Sth, 1871;
to Georgianha e. Patterson by warranty
deed, dated December 18TH 1889; Georgi-
anna 10; Patterson conveyed said premises
to Brigham N. Bullock Henry A. Willis
and Henry Allison, trustees by quit claim
deed, dated January 18th, 1890; Brigham
N Bullock, Henry A. Willis and Henry
Allison, trustees, conveyed said premises
dated March 24th, 1892 Lowell Williams
IS now deceased, he devised said prem
lses to Eliza w. Lawrence, In trust and
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;
possession n bp orc
and occupants of the said premises has
been continuous and uninterrupted for
period OF more than twenty years since
the expiration of the time limited in the
aforementioned mortgage for the per-
Torrance of the conditions thereof viz
since January list, 1868; that no payment
has been made on account of the debt
secured 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 K Ordway.
formerly Eliza Kimball, and the said
John Corey under which said mortgage
from Henry w. Wellington to 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,
person whom she should in writing de-
slgnate 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 it 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 X. Ordway, conveyed the
property SO held in trust, including said
mortgage from Henry w. Wellington to
said Corey, tosReY. 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 will, which was allowed by the
probate court in the county of Middiesex
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 YVestfield, N j.,
and to her two granddaughter, Emma
Bridges, of said Westfield, N j. and the
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 granddaughters
and their issue: that after the death of
the said Eliza K. Ordway, the said Lewis
Colby, trustee as aforesaid, assigned and
transferred to the said Eliza Ann
Bridges: trustee under the will of
the said Eliza K. 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
9th, 1879; that the said Eliza Ann Bridges,
Emma Louise Bridges and Eliza Kimbali
Bridges, now Eliza kimbau DeLamater,
are now living and reside at Westfleld,
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
ALI other parties interested. by niihIica-