Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-08-08
STATE OF MAINE.
henneDec, S..
Supreme Judicial Court in Equity
Gardiner Savings Institution ct al.
Sandy River Railroad Company.
BILL OF COMPLAINTS

BILL OF COMPLAINT
Inc Gardiner Savings Institution. a cor
ToratiOn duly established by law and hay
ing its place If business at Gardner in
the County of kennebec and State Of
Maine, and the Path Savings Inst tuition
a corporation duly established by law and
having its place of business at Bath in
the Couaty of SagaGahoc and State afore-
said, in behalf OF themselves and of all
ether holders of the mortgage bonds
hereinafter described bring this bill of
road Company, corporation duly es-
tdblished by law and having its place OF
l. That said Sandy River Railroad
Company is a corporation existing under
the l.lws of this State and owning, main
Thinning and operating a line of railroad
between the towns Of Pennington and
Phillips, both in the County OF Franklin.
>. That on the first day of September.
4. ID. 1888. said Sandy River Railroad
Company, as party of the first part, and
John II. kimball of Bath. Nathaniel b.
Eeale of Phillips and Payson Tucker OF
Portland all in the State of Maine as
parties of the second part, entered into a
certain indenture o. mortgage deed of
trust of that date whereby said Sandy
River Railroad Company did grant, bar
gain. sell. convey and transfer to said
Kimball. .Beale and Tucker the railroad
Of said Sandy River Railroad
Gtompany, from its Junction junction with
pany in Pennington to its terminus
in Phillips with the franchise Of said
Company and all its real estate and all
its personal property of every nature used
in cCnne ction with SAID railroad, to have
and to hol1 to said K!mbalI. Beale and
Tucker in trust to secure the issue Of
$4,000 five per cent. bonds of said Sandy
River Railroad Company Of even date
herewith and due on September first, 1915.
which mortgage deed of trust was duly
recorded din Franklin County Registry of
Deeds: Book 50; Pages 1886. and 10000
were issued and are now outstanding.
3. That all of said trustees named in
said indent'lre or mortgage deed of trust
caused by their death have not been
filled
!. That the complainants are holders OF
said bonds to large amount ana bring
this bill in behalf of themselves and Of all
other holders thereof.
s. That there is no provision in said
trust mortgage for the appointment or
election of a new trustee In case of de-
cease of all the trustees therein hamed.
Wherefore your compliments pray.
l.. That due notice may be given TO
said defendant corporation and to all
other persons or corporations interested
in the tendency of this bill.
,. That the Maine Trust & Banking
Company, 2 corporation duly established
by law and having n place of business in
said Gardiner, may be appointed trustee
under said Indenture or mortgage deed OF
trust as successor to those therein named.
to have the same rights and powers and
to be subject to the duties relating to
said trust to the Same extent and for
the same purposes as the same were held
by the original trustee.
8. For such other AMI further relief as
the rights of the parties may require and
to your Honor may seem meet
Dated at Gardiner. Maine, this 9th day
of July a. D. 1906
GARDINER SAVINGS INSTITUTION.
BY GEORGE J.. ROGERS. President,
BATH SAYINGS INSTITUTION;
Rv WIN. u. SEWELL President.
CORNISH & BASSETT,
Solicitors to COmrlainants.