Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1907-02-06

STATE or MAINE.

STATE OF MAINE.
HAscocx ss;--surasnn JUDICIAL CouEr =
FRANKLIN A. WILSON. EXECUTOR.
In Equity.
MENT COMPANY.
T UERE g.. DEAsY. of Eden, Hancock
IL County, State Of Mare Receiver Of he
pany. eo1porasion. 1sspsesiuiiy repress Is
and petitions this Honorable coart. - fol-
points BY this Couet Receiver Of said cor
pcration. by de rec dated Jsnua'y and. tso6S
that since the date Of said decree he has -
such Receiver been in possession u The hot q
and all The property Of said CORPORATE n tols-
sist,ng OF the Malvern Bosei. miner hotel
ings connected herewith: THAT the tro-
politan Trust Company Of New YORK ii y
holds MORTGAGE for One Hundred Thousand
Dollars upon said hotel, cot ages nd tuSnf-
ture and Furnishings. and has begun fore
closure Of SINE BY suit in equity in this Court
in the said County Of Hancock; that said suite
in equity are still penting
Second: Your petitioner further repre-
seuts that 1t il nece ssaTy torth nterts SITS q
vropertv be run and operated during the ses-
son OF 1907; that said httel and property cam
not be SO ron and operated successfully with
and that your petitioner believes that such
necessary repairs and improve ments will cosk
Ten Thousand Dollars.
that the mortgage held BY the metropolitan
Trust Company is for sum exceeding the
entire n value 81 all ne propsray q sad Nat
SO that the stockholders iDteI ests ID said cor
poration are of no value, and that the Metro
politsn Trust Company aforesaid AMI Benja-
min Strong. Of New York, and Clement 8.
Phillips. Of Philadelphia. committee repre-
senting the holders Of bonds secured by said
mortgage. are desirous that the sail hotel be
run and operated during the summer Of 1907
unde said Receivership.
Fourth: Your petitioner further repre-
senls that there is ro practicable way Of Sc
curing the necessary lands Tor sch repairs
and improvements other than by an issue Of
Receivers certificates to be made q first lien
upon property If said cor aorat,on. and that
said Metropolitan Trust Company. mortgage,
ard said strong and Phillips, COMMITTEES, are
willing ard DESTROYS that such Receivers GER
tifcases be authorized.
Fifth: Your petitioner further represents
that ny contract made prior TO April LIST. 1906.
under authority OF decree OF this Court. dated
February 9TH. 1876, he agreed to sell, and con-
yey to Alfred NJ. Goats OF Providence, r. l.,
certain real estate belonging TO said corpora
ton, for the sum OF twenty Thousand dollars,
that said contract has been carrie into effect
by delivery OF said deco and receipt of said
twenty thousand dollars which has been duly
accounted for; that said transaction was not
completed however, by the delivery OF deed
and receipt OF consideration. until april 9th.
1905; that the tax upon said property tor the
year 1906 has not been paid. and that said
Aired NJ. Goats demands OF your petitioner.
that as such Receiver he pay the tax for that
year and your petitioner is DESTROYS OF re-
ceiving instructions of this Court as to pay
ment Of said tax.
that he has now IN his hands as such Receiver
the sum of Four Thousand. Nine Hundred
and Twenty five Dollars and Ninety five cents
tsi925.s5) as appears by account rendered
herewith. but that said sum will be necessary
to pay taxes, insurance and expenses and to
start the operat on of the hotel for the sea-
son of 1907. and that part of il will be
available for repairs and improvements.
Seventh: Your petitioner further repre-
Thousand and Three Dollars and Fifty Cents
ts6,Vos.5o) authorized by decree of February
5th. 1906, is outstanding unpaid. including in
Wherefore your petitioner prays that this
Court will order due notice to be given to all
persons interested. to wit. to Franklin A.
Philadelphia, Penn, owners Of all the stock
of said Malvern Hotel and Land Improve
Madison AVENUE, New YORK CITY, and
Clement s. Phillips OF 6l2 Race Street. Phila-
delphia. committee representing the bond
holders of said corpor alton; Howard w. Mar
| shall Of Bar Haroor, Maine. Clerk of said
Malvern Hotel and Land Improvement Com
pany snd the Met.opoiitan Trust Company
the mortgage securing the bond issued by
said Malvern Hotel and Land Improvement
company, anu lnat tNlS court Will Iuftncf
| order such other notice as it may deem neces-
sary.
Your petitioner further prays that he may be
authorized and empowered to issue and nego-
tiate Receivers certificates to the amount Of
Six Thousand Three Dollars and Fifty Cents
(s6.t0350) proceeds to be used for the retire.
ment of SAID Receivers certificates of said
amount now outstanding; that said Receiver
may be authorized and empowered to expend
ard Twenty-Five Dollars and Ninety-fve
Cents, now ia his hands, in payment of inter-
est on said outstanding issue OF certificates,
taxes insurance, such expenses as may be
allowed by this court and in starting the
operation of the hotel for the season of 1907.
That this Court win instruct your petitioner
year 1905 upon the property sold as aforesaid
to Alfred NJ. Coats; that said Receiver may be
aatnoriaea ana empowerea 10 issue ana ne.
exceeding the sum of Ten Thousand dollars.
and to expend the proceeds Of the same in
necessary repairs and improvements upon the
property of said Malvern Hotel and Land I'm
provement Company.
That all such Receivers certificates author
lied as prayed for herein may be made q first
lien upon the property, real and personal Of
said Malvern Hotel and Land Improvement
Company. subject only to the rights of the
Metropolitan Trust Company under its mort
gage and foreclosures; that such Receivers
certificates shall bear interest not exceeding
not less than par. but that your petitioner
shall have authority to determine the form
and, except as herein limited, all terms and
Bar Harbor, Maine, January 21st, 1907.
LUERE B. DEAsY, Receiver.
STATE OF MAINE.
HANCOCK ss;-Supreme Judicial Court in
Equity. January 26. 1907.
Upon the foregoing petition it is
ORDERED that a hearing be had thereon
at the Court House in Augusta, Kennebec
County, Maine, on Saturday the 10Th day Of
February. A. d. 1907 at $50 O'Clock in the fore
noon, and
ORDERED, that said petitioner cause no.
tice of said time and place Of hearing to be
given 10 each Of the following named parties
by sending to each, by mail, postage paid, at
least ten days before the time appointed for
said hearing, copy OF said petition and OF
this order OF Court thereon, atte sted by the
Clerk, TO witt
To Harriet Fox and Clement s. Phil
lips. of Philadelphia, Pennsylvania.
ToBenjamin st rong of New York City,
Franklin A. Wilson Of Bangor. Penob-
scot County, Maine. Howard w. Mar
shall of Eden, Hancock County, Maine,
and to the Metropolitan Trust Com
pany, a corporation orga nized and ex-
istinp N said New York Civ. and that