Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-29
lraaI Notices.
= N~-~~~-~~N~N~-n~
STATE OF MAINE

HANCOCK IS;
FRANKLIN A. WILSON. F,scn,n,
MALVERN HOTEL AND .LAND ,u.o.
MENT COMPANY. e's
To the Supreme judicial Cou,t. In r.
THE undersigned, Luere b. Dea,v
L Hancock County, State or Nv ~ Ede
specially represents: maine, y
First: That he is receiver Of the all =.
yern Hotel and Land Improvement Con,ssia
appointed as such by decree OF cons. 1paq
January .. A. ID. 1905, and as such Tsra,..,a sat
taken possession OF the propertv kn.as "
and personal. OF said corporation, 0V'a ri
Second; That the property OF said eo,,,..
ton consists Of two parcels OF land ~ si,lpe ~
at Bar Harbor, in said town OF Eden , s,.aald
with the Malvern Hotel, the ranS sslss
ing. four cottages. and several outhSisssals
ard together also with furniture and fusas.nq
tngs ia said hotel, and other baildines 'ass
Third; That the property of said Co...
ton. including lana, Buildings and furnl,..ss
Il subject to mortgage for one haaS.,
,houssnd dollars 10000 and interest. ~
by said Malvern Hotel and Land Im.ssss
ment Company 60 the Metropolitan F w
Company OF the City of New YoTE ~ ~
January IS. A. d. 1857. and recorded Il - Is
Haneoek 1ounty, Maine, Registry Of Dtss.
in Book az, Page AS, and In the rno,'s
records of the town of Eden aforesaid ~
Is, Page AS. said mortgage having bees -
TO secure the payment of one hundred 49,
Tor one thousand dollars each, which bosS'
have been more than thirteen wears ove,s
and unpaid.
Fourth; That BY said decree O, Cou,, a,..,
as aforesaid, the subscriber was anthori,ss
receiver OF said corporation to issue and y
gotiate receivers certificates to The amos.
OF seyenty-seyen hundred dollars the ~
ceeds OF which to be used Tor parposs. y
forth In said decree; that In pursuance n AZ
decree, the subscriber as such rec. liver, n
the amount OF thirty-three hundred forty.s.s
and forty-three one-huuorsdths dollar ~
expended the proceeds thereof in tbe a.
ment OF taxes. Insurance., lien claims and d,
penses as set forth in said decree; tina, ce,st
Gates for the femaindef OF said seventh sey.,
hnndred dollars authorized could not he ~
gottased by the receiver without the ssseula
me safd mortgssee, the Metropolitan Ina |
company. aHd sa,a Inert9asee 10 Hnwillins !
give Its unqualified assent TO the ISSUANCE
certificates beyond those already issued ~
negotiated as aforesaid.
Fifth That the above described baai,p
OF said Malvern Hotel and Land Improyeurx
Company stand IN need OF immediate rspas
To preserve them from waste and decay.
Sixth: That ,he said Malvern Hotel IA /,
summer hotel, the cottages above deserss
are summer cottages used In connection nd
II, ana all said buildings are adapted pk
used Tor summer occupancy only, and the euiy
revenue to be derived frsm them is denss
from such use.
Seventh: That the said property /. Ia d,
opinion of the subscriber capable Of being
run and managed to produce = large IL. /
revenue. that IL has value greatly In eIesa
OF the mere value of the land, buildiuss M .
furnishings in that socn value is greatly "a.
hanced BY its patronage ana reputation; tAn .
such enhanced value would be lost II III
property should remain unused during ts /
coming summer, and that IL Is important "a. I
indeed essential In order that tne propsnr
MAJ be sold at its fall value to have the ass
run and occupied daring toe coming samnG
Eighth That In order TO ht the property
that the same may be run and operated proas |
ably daring the coming summer as we'll as IN
the purpose Of preserving the same frm
waste and decay. as above SET forth, IL i
necessary to expeud the sum OF Twelve The
sand FIVE hundred dollars in repairs therA
Aiaih; That the only practicable metAS |
OF raising money Tor such repairs Is By +
issuance OF receivers certificate to be madsi
lien upoa said property prior 70 the IN |
mortgage held by the metropolitan Tfas
Tenth: That the said metropolitan Trzs |
Company Il willing TO consent 10 the issssar |
Of certiaestes for the above amount 10
the rentals and profits alter payment Oh e. |
penses, taxes and Insurance for cCrrTsnt yess |
and certificates issued and TO be issaee.
applied toward ;he principal aud iase'ssa
said mortgage.
Eleventh; Wherefore, the petitioner prls
that he may be authorized:
la. To issue and negotiate receivers Ger
tihcates bearing interest not exceeding u
subscriber may determine. TO the amount
Twelve thousand Eve hundred dollars, 81
certificates to De first lien upon the pfopefV
Of said Malvern Hotel and Land Improve
(b) TO make repairs on said property :
the amount Of Twelve thousand i've hnsafA
dollars.
(el. To lease the said property for tss.
not to extend beyond January LIST, 1905. @R
stead OF leasing the same, 70 employ an asta
10 run and operate said property within san
period.
Ia. To fix and determine the terms ~
conditions OF such employment on saeh ess
(el. To insure the said buildings and ia''r
ture.
%. To apply the rentals and profits 70 ~
following purposes and In the following efeH
OF priority. to WIT.
Taxes. Insurance. expenses OF reeeiversaih
receivers certificates. heretofore 'ssaeo' =
to be authorized. balance to be applied io1a
the principal aud interest Of sad morss'
March y, 1905 LuERE Z DSssi'
STATE OF MAINE
HASoocK :-supreme Judicial Coart
Vacation March q. 1905. -.
Upon The foregoing petition Ordered; -.
hearing be had thereon. at the Court ~,
in Ellsworth. in said County, on IhoislE
the 9Th day Of April, A. ID. 1895, a; 2 O'CLOCK"
the afternoon, and -.
Ordered; That said petitioner csuse NOUS
OF the time aod place Of said heaFihs -
kAtEa " cACa 0l tuc tStloHAAA
lag upon them at least seven (7l DAYS oso%S
the time appointed for said hearing eO "a
said petition and of this order OF "A''
thereon. sttested by the Clerk: ,,. =
Metropolitan Trust Company OF the NV y
New York,
Franklin A. Wilson. one of the E1eeos"''~
the Win Of thS late De GIssse foAi 80.
Benjamin Strong and Samuel u feA 0S
mittee OF the Bondholdersi
and 1t is further ,.s-
Ordered: That notice be given TO az g I'd.
persons interested by publishing sAld ~ =,
tion and this order OF court thereon -
issue of the Ellsworth American ns"s N
per published in Ellsworth aioEesSlet, Is-
publication to be seven (7) days 81 gas ID
ore the time Of said aearingi that IN. IA
ali persons interested may appear . thef
time and place and show cause, II An5 IA
not be granted. ANpREw p WIswELL.
Chief Justice 5. J. Cesl- a
A true copy of the petition and o'NN
Court thereon.
Attest;-JoHS r. KSowLIosss4
Clerk Supreme judicial -