The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-11-04
LEGAL NOTICES.

~ 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 un-
discharged mortgage dated January LIST,
1853 from Henry ". Wellington, now
deceased, to John Corey, now deceased
in trust for Eliza K 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 a certain promissory note
OF even date with said mortgage, for the
sum of fifteen hundred (Sl50W dollars
with interest, payable to said John Corey,
trustee, five years from date; that said
mortgage is recorded with Worcester
district registry of deeds, book $780, page
1874; that said Wellington conveyed the
premises to Francis Conant by warranty
deed dated January lst 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
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
N; Bullock, Henry A. Willis and Henry
Allison trustees, conveyed said premises
70 Lowell Williams by quit claim deed,
dated March 24th, 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
aforementioned mortgage for the per-
Torrance of the conditions thereof viz :
since January 1st, 1865 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,
upon her written request, or to any other
person whom she should in writing de-
slgnate as the trustee to whom she
wished to have the same conveyed and
transferred, and at ner decease If said
trust property had not previously been
disposed of by her direction, the trustee
W as " uAStIlDuiS 1t III accordance WIN
the terms of her will; that afterward,
on the Sth day of June, 1868, 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 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 to
the said Eliza Ann Bridges in trust for
the benefit of her said granddaughter
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 K. Ordway, as afore-
said, all deeds of mortgage to the
said Lewis Colby, Ill his said capacity as
trustee made. and all notes and debts
by the said mortgages secured, by an
instrument in writing dated September
Emma Louise Bridges and Eliza Kimball
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 K
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
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.
THATCHER B. DUNN.
COMMONWEALTH OF MASsACHTr-
SGTTS-W Worcester, So 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
Ordway or in the undischarged mortgage
Of January l. 1888, from said Henry W.
Wellington to said John Corey, in trust
to said Eliza K. 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 a month
each month, In The Worcester Daily Spv,
a newspaper published in Worcester. in
said county; also by serving all said
respondents herein named, who may be
found in this commonwealth with an at
tested copy Of said petition and this or
der and by sending attested coniaa ~
said n2fifi0n and this nrdap *