The Worcester spy., 1899-07-29
LEGAL NOTICES.

LEGAL NOTICES.
TO THE HONORABLE THE JUS
TlCES OF THE SUPREME JUDICIAL
OURT-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 certain
parcel of land in said Gardner, the record
title of which is encunbered by an un-
discharged mortgage dated January 1st,
1863, from Henry w. Wellington now
deceased, to John Corey, now deceased,
ceased, whose domicile at the time of
her decease was CambridgepUrt 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 iS1aiU 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 GG0 page
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;
LoEeill Williams conveyed said premises
TO Georgianna p. Patterson by warranty
deed, dated December 18th, 1899; Georgi-
anna IL. Patterson conveyed said premises
to Brigham n. Bullock, Henry A. Willis
'ttilu IltllIS AlllSOn; trustees, Dy quit claim
deed, dated January 18th, 1890; Brigham
n. Bullock Henry A. Willis and Henry
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
ises 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
been continuous and uninterrupted for a
| period of more than twenty years since
! the expiration of the time limited in the
above-mentioned mortgage for the per-
| formance of the conditions thereof viz.
since January 1st 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 X 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 X Ordway at any time
upon her written request, or to any other
person whom she should in writing de-
stgnate 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 10 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
"a loo II Cr1x ,lta.
leaving will, which was allowed by the
probate court in the county of Middlesex
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
Bridges, of said Westfeld, N. T., 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 10
the said Eliza Ann Bridges in trust for
the benefit of her said granddaughters
and their issue that after the death OF
Colby, trustee as aforesaid, assigned and
transferred to the said Eliza Ann
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 ard 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 Kinbali
Bridges, now Eliza Kimball DeIamater
are now living and reside at Westheld,
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 any interest n said mortgage or in the
Your petitioner therefore prays that,
after notice to said respondents and to
al other parties interested, by publica-
court viii order a decree to be entered
setting forth the facts as herein alleged
and the findings Of the court In accord
ancrsa ance herewith; to , the end that said
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
COMMONWEALTH OF MAssAcHv-
SETTS-Worcester IS. Supreme Judicial
Court. Worcester May 23d, 1899 on the
petition aforesaid 1t IS ordered that the
petitioners notify the said Eliza Ann
Bridges, Emma Louise Bridges and Eliza
Kimball Bridges, now Eliza Kimball
DeLamater, and all other persons In
terested in the estate OF said Eliza X.
OIuMaN VI III lIt mortgage
Of January l. 1863. from said Henry ".
wellington to said John Corey, In trust
to said Eliza X. Ordway. to appear be-
fore this court at Worcester aforesaid.
on the FIRST MONDAY OF NOVEMBER
NEXT. by publishing an attested copy OF
said petition and this order once month
each month, In The Worcester Daily Spy.
newspaper published IN Worcester. IN
said county; also, by serving ali sseld
respondents herein named who may he
found in this commonwealth, with an at
tested copy of said petition and this or
der, and by sending attested copies Of
said petition and this order during the
present month. by registered letters. 10
said Eliza Ann Bridges Emma Louise
Bridges and Eliza Kimball Bridges, now
Eliza Kimball DeLamater at their said
addresses, that they may. then and there,
shew cause why the prayer of said peti-
ton should not be granted
Attest: T. $. JOHNSON, Clerk.