Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1904-12-07
ErgaI Notifies
STATE OF MAINE.

against
THE MALVERN HOTEL 4 LAND IN.
PRovEMENT co.
To the Honorable the Justices Of the Suprf me
/ Judicial Court.
A ND now COMES FRANKLIN A. Wilson. one
IA Ct the executors OF the Estate of Dc
Grasse Fox, late of Eden. County OF Hancock
state aforesaid, and respectfully represents
That De orasse Fox. late Of Eden in the
County and state aforesaid, died at Bar Har.
october, 1904. leaving a viii by the terms Of
| OF which he. the said Wilson, and Harriet
Fox widow OF the said De Grasse Fox, were
appointed Executors.
| second.
| That on the first day of November last, the
| said VIII was daily proved. approved and
of Hancock, and that they have qualified as
such Executors according to law.
That the late De Grasse Fox = as at the time
| OF his death a stock holder in the Malvern
| Hotel h Land improvement Company, a cor
pora,ion Organized under the laws OF the
| State of Maine, with its principal place OF
| business in the town OF Eden, Maine,
Fourth
That at a special legal meeting of the Malvern
Hotel Il Land improvement Company held az
the village OF Bar Harbor in said town OF
| Eden on Monday, tse 2lst day OF November.
| $780, 1t was voted, that the Malvern Hotel
existing under the laws OF the State OF Maine
| should be dissolved. and that to that end the
proper proceedings should be had before the
| Supreme Judicial Court OF the state OF
Maine, and that application should be made
| Tor Receiver to wind mp the affairs OF the
Company under the dirt etion OF the Court
Fifth.
That the real estate Of the Malvern Hotel 4
Land Improvement Company is advertised to
be sold for taxes on the First Monday OF De-
| cember, 1904 being the hth day~of the month,
and that the balance OF the amount due, to-
gether with costs for said taxes tor the year
Yu.so Il. ra- nd hat Y q n NJ
property for the year 1904 are also due and
unpaid.
Sixth.
That premiums on fire insurance policies
issued in August last on the property OF the
Malvern Hotel b Land Improvement Com
pany are still unpaid, amounting 10 about
SSH. and the cancellation of the p licies by
the insuring Companies for this reason is
threatened provided in the policies, and
that IL snch cancellation ,ook place at tins
season OF the year, under the circumstances
reinsurance would be difficult to obtain ms
well rs very expensive.
Seventh.
That there is claimed by a contractor Ia
lien upon one Of the buildings OF the Malvern
Hotel q Land Improvement Company tor ma
terials furnished in the erection, alteration
and repairing of said building. amounting
with costs to about 500, and that an attach.
ment to secure said lien has been placed upon
said building.
Eighth.
That the Malvern Hotel q Land Improve
ment Company as a corporation has no ayaila-
Of claims that the buildings constituting
q lager part OF the assets OF the said cor
i pora ion wooden frame buildings very
much decsyed and needing for their proper
protection large outlay of money il the
near future,
Ninth.
That there are no funds in the Treasury OF
said corporation.
Tenth.
That n mortgage exists on the real and per-
sonal property oi said Company TO the Metro
politan Trust Company OF the city OF New
York to secure honJs to the extent OF 100000,
which bonds are overdue as TO principal land
also as TO interest since August l, 1884,.
Wherefore your Complainant, believing
that the interest of the stockholders and
creditors of said corporation are impe rilled,
acting alone as ESecuior. because his CO. Es-
ecutor Is now temporarily residing outside
the limits of this state. and as such Executor
holding stock in said Company, prays that a
temporary r. ceiver may be appointed for said
Malvern Hotel & Land Improvement Com
pany with power to issue receivers certth-
CITES or notes as may be found most expedieut
in order BY this means to raise cash funds
with which to pay taxes. Insurance. liens and
such further amount as may be determined 10
be necessary for such repairs upon the prop
erts as are necessary to its protection for the
benefit OF stock holders and creditors, and
that after proper notice has b. en- given to said
eerpornti aud all other pIrtie- interested
permanent receiver may be appointed to
protect the property ana wind up ana dissoise
the affairs of SAID corporation so as to protect
far as possible the Interests OF all parties
Finally that the plaintiffs may have such
further and other relief as the nature of the
case may require
Executor of last win and Testament of De
Grasse Fox.
STATE or MAINE.
pFsoRsoor S.. BANGOR, Dec 9Th. 1908.
Personally appeared before me the above
named Franklin A. Wilson and made oath
that he has read the above bill in equity and
knows the contents, that the same is true Of
b 10 nxst L mr. sIJae matters stated
to be of his informatio and belief and as to
these matters he believes them to be true.
john WILSON
Justice of the Peace.
JOHN WILSON
Solicitor.
Bangor Maine.
STATE OF MAINE,
HANCOCK IS.
In Vacation. December 8. 1904.
Upon the foregoing bill. it is ordered, that
hearing be had thereon at the Court House in
Ellsworth in said County, on Monday, the
second day of January a. ID. 1865, at twelve
O'Clock noon. And that the complainant give
notice to all persons interested of the time
and place of such hearing, that they may then
and there appear and show cause, il any they
have why the prayers OF said bill should not
be granted. Said notice 10 be given as follows.
A copy OF said bill and of this order OF court
thereon, attested by the Clerk Of Courts, shall
be served upon the Malvern Hotel and Land
Improvement Company. and upon the Metro
politan Trust Company OF the City of New
York. the Trustee of the mortgage given to
secure the bonds named in said bill. fourteen
days. at least, before tle day appointed for
said hearing. service TO be made b. any person
qualified to serve civil process in place where
served Notice thereof shall also be given to
every holder OF said bonds whose names and
residences are known TO the complainant, by
the solicitor of he complainant, by his send
ing by mail postage paid and properly di-
rected an attested copy OF said bill and this
order thereon TO every such holder And
further notice shall be given by publishing an
attested copy Of said bill and this order OF
court two weeks successfully in some news
paper pub ished ia Hancock County, the last
publication to be seven days, at least, before
the time appointed for said hearing.
ANDREw WIswELL.
Chief Justice Supreme Judicial Court
A trae copy OF the Bill in Equity aud Order
of Court thereon.
Attest:--JoHN F. KNowLroN,
Clerk of Courts.
rI1BE subscriber, Clifton S. Day. of Melrose.
y Suffolk county, Gommo nwealth Of Mass
achusetts, HEREBY gives notice that he has bet
duly appointed executor OF the last via and
testament OF Bert C. Day, late OF Bluehill, Ia
the county of Hancock. STATE of Maine. de-
ceased, no bonds being REQUIRED by the terms