The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-30
LEGAL NOTICES.

GGSNG wv tSESN
TO THE HONORABLE THE JUS
TICES OF THE SUPREME JUDICIAL
GoTR for at WWSreester within
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
in trust for Eliza X. Ordway, now de-
ceased, whose domicile at the time of
her decease was CambridSeport 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 $1500l 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 $50 page
1S4; that said Wellington conveyed the
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;
Lowell Williams conveyed said premises
to Georgianna E. Patterson by warranty
deed, dated December 18TH 1889; Georgi-
anna e. Patterson conveyed said premises
to Brigham N Bullock, Henry A. Willis
and Henry Allison, trustees, by quit claim
deed, dated january 18th, 1890; Brigham
y
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
tint O taI fnr q
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 X Ordway,
formerly Eliza Kimbail. 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
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 It in accordance with
the terms of her will; that afterWard,
on the Sth day of June, 1853, 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, to Rev. Lewis Colby of Cam
bridge, as trustee under the provisions
of said original indenture of trust; that
the said Eliza x. Ordway died in 1879,
leaving a will, which was allowed by the
probate court in the county of MiddleseX,
nr1 ha don Of Ana r-t hat nv
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 WeSttield, n. j.,
and to her two granddaughters, Emma
! Louise Bridges and Eliza Fimball
| Bridges, of said Westfeld. 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 X. 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 Kimball
Bridges, now Eliza I[imball DeLamater,
| 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 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 publca
ton or otherwise, as may be ordered the
a Il To hn aro+p ~aH