Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1906-01-24

r UERE b. DEASY of Eden, Hancock
IL County, State of Maine. Receiver OF the
Malvern Hotel and Land Improvement Com
pany,, respectfully represents and petitions
this Honorable Court as follows:
First: That he was duly appointed Receiver
Of said Malvern Hotel and Land Improve
ment Company, by dec,ee of this Court Dated
January End, 1905; that since the date of said,
decree he has been in possession of all the reals
estate OF said corporation, including the hotet.
and cottages; that he has. authorized by
this Court. issued Receivers Certificates, me-
gotiated the same, made repairs and improve
ments upon the property of said corporation,
employed an agent to run and operate the
same. and has multaneously herewith fled
in this Court an account showing all his re-
ceipts and expenditures.
Second: He represents that he has issued
Receivers Certificates to the amount of Eigh-
teen thousand, Three Hundred and Forty one
Dollars and Forty three cents, bearing varis
GUS dates between January 18th. and July lst5-
terest that no funds are available to pay andN
retire such certificates, and that it is desirable
that new certificates be issued to refund those
that are maturing.
He therefore prays that he may be author
lied by this Court to issue new certificates.
be'Ting interest at SIX per cent, for the pur-
pose OF refunding the present issue, and
that he may be authorized 10 determine the
form, terms and conditions of such certihr
Gates.
Third: He further represents that for tine
purpose of making necessary repairs and i'm
poration so that it may be run and operated
ing the coming season, for the purpose OF
running and operating the same. 10 pay taxes
and insurance now due, and 10 pay interest,"
upon the outstanding issue of Receivers
Certificates, the sum of Fix Thousand and
Three Dollars and Fifty Cents is required
ing such sum is by the issuing OF further Re-
ceiver's Certificates.
lied by this Honorable Court to issue further
Receivers Certificates, to the amount of Six--
Thousand, and Three Dollars and Fifty Cents
bearing interest at not exceeding six per cent.
pc apnum; to determine the form. terms and
conditions of such certificate; to negotiate
the same at not less than par, and to expend
the proceeds of such certificates for lthe pur-
poses above set FORTH in this paragraph.
Fourth: He further represents that he has :
lars for a part of the property of said corpor-
alton to wit, lot of land situated at Bar
Harbor. in the Town OF Eden. Hancock Coun,
ty, Maine. described as follows: Bounded on
the north by the south line OF land of Emily
Livingston, and production OF said south
line easterly, to land of Robert Amory; east
erly by land of Robert Amory; southerly by
Cromwells Harbor Road; and westerly by
Kebo street. together with the cottage, known
as "ranglewold" situated thereon, and furni-
ture and furnishings therein, subject to q
right OF way twenty-five feet in width.
bounded northerly by the south line OF said
land of Livingston, and production of said
south line easterly to land of Robert Amory.
He represents that such offer is an advan-
tageous offer, and therefore prays that he
may be authorized and empowered 10 execute
a deed of conveyance of said property above
described, for the of Twenty Thousand
Dollars, the proceeds of which to be applied
upon the mortgage held by the Metropolitan
Trust Company.
advantage of all concerned to enter into an
indenture with said Emily Livingston, estab-
fishing private way nifty ieet VIDE, Tor the
lands and land of said corporation, andap-
purtenant 10 the land of both, the center line
OF which private way to run substantially as
follows, to wit: the south line of said land
OF Emily Livingston and said south line pro-
duced easterly TO land of Robert Amory.
hat hlt hau ttA hnr-
lied and empowered to enter into a contract
of indenture with said Emily Livingston, es-
tablishing such way.
sixth: De iurther prays that he may be
authorized and empowered to make Execu-
tory Contracts LOOKING to and guaranteeing
the execution of deed or deeds of convey
ance, and contract or contracts of indenture,
set forth in the two preceding paragraphs
Seventh: He further prays that the Mall
vern Hotel and Land Improvement Company
may be authorized and directed to execute -
sufficient instrument vesting the right OF re-
demption in all its property in said Receiver
that it be required and directed to execute
such instruments as may be necessary to carry
into full effect the powers asked for in the
three paragraphs next preceding.
Eighth In order that the hotel and cot
tages and other property OF said corporation
be run and operated during the coming sum-
mer, it is necessary that an agent be en-
ployed for the purpose. Said Receiver there
lore prays that he may be authorized and en-
a contract of employment, and to determine
the form, terms and conditions of such con-
tract.
Ninth: Said Receiver prays that notice Of
thiS petition may be ordered and given to the
following named persons. to wit: To Harriet
in said corporation; to Howard W Marshall.
of Eden, Hancock County Maine, Clerk of
said corporation; to Franklin A. Wilson, of
Bangor, Penobscot County, Maine, the COM
plainant; to the Metropolitan Trust Company,
corporation organized and existing in the
City, County and State of New York, Trustee
for the holders Of the mortgage bonds issued
by sald corporation, and to Benjamin Strong
OF said New York City, and Clement y.
Phillips, of Philadelphia, Bondholders' Com
nIittee, and that such other notice may be
given as to this Honorable Court seems proper.
Bar Harbor, Maine, January 10th, 1906.
LUERE b. DEAsY,
Receiver
GTATE nE MAINE