The Somerset reporter., 1907-10-31

To the Honorable, the Justices OF the
Supreme Judicial Court, next to be
Holden at Skowhegan, within and for
the County of Somerset, on the Third
Tuesday of September, A. D., 1907.
The Skowhegan Water Company, a cor.
poration duly organized and existing under
the Laws OF Maine, and having its office and
principal place of business at Skowhegan in
the County of Somerset and State of Maine,
respectfully represents:
]. That on the twenty-eighth day Of July.
1887, acting under the provisi. ms of its char.
ter. and to facilitate and raise funds for the
purposes contemplated by its charter, said
Skowhegan Water Company issued coupon
bonds to the amount of Eighty-fve Thousand
Dollars (SS5, ooo), in denominations Of One
Thousand Dollars $4,000 each, payable on
the first day of August in the year 1917,
bearing interest at the rate of five per cent
per annum, payable semi-annually.
ii. That for the purpose Of securing the
payment of the principal and interest OF said
bonds as the same should become due and
pay able and for the purpose of securing the
performance of all covenants on its part to
be performed under the terms Of a certain
mortgage hereinafter referred to, said Show
hogan Water Company on said twenty-eighth
da, Of July, 1857. conveyed in mortgage to
the Massachusetts Loan x Trust Company, a
corporation duly organized and existing
W der the laws of Massachusetts, all its
franchises, real estate, easements, buildings,
structures, reservoirs, machinery, water pipes,
tools, engines, hydrants, equipments, con-
tracts with public and private individuals,
and all other property, real, personal and
mixed, or whatever kind and description,
and wherever situated, then owned or pos.
sessed, or which might thereafter be acquired
by said Skowhegan Water Company, in trust
for the benefit security, and protection Of the
persons, corporations, and partnerships who
might become the holders of said issue OF
bonds and the interest warrants thereto at
tached, and for the purpose Of enforcing the
pa ment thereof, and for other purposes and
upon other trusts and conditions therein con.
tanned, as will more fully appear by reference
to said mortgage which mortgage is record
ed in the Registry OF Deeds for Somerset
County, Book 1893 Page 100.
III. That the trusteeship thereby Great ed
was accepted by said Massachusetts Loan &
Trust Company, and the duties thereof have
been fully performed by said trustee from
said twenty. eighth day of July, 1887, until
the present time.
~. That said Massachusetts, Loan &
Trust Company is now in process Of dssolu-
ton and winding up its corporate affairs, and
by reason thereof is unable longer to act as
trustee under said mortgage. for the benefit
of the bondholders Of the Skowhegan Water
Companys bonds, as therein contemplated !;
but has resigned its trusteeship Hereunder
by reason whereof no trustee now exists who
can carry into effect the provisions Of said
trust mortgage.
V. That no provision was made in said
trust mortgage or otherwise for the appoint
ment Of successor in trust to said Massa.
chusetts Loan & Trust Company.
VI. That the objects of said trust have
not yet been fully accomplished, and the
appointment OF new trustee is necessary
to accomplish the same during the remainder
of the trust period therein contemplated, 70,
the benefit of the bondholders before men
toned.
VII. That your petitioner is interested in
said appointment as the obhgor in sale
bonds.
WHEREFORE it prays this Honorable,
c. urt, upon giving notice as required by law
to all persons interested, and after hearing
thereon, to appoint trustee or trustees tc
act under said mortgage as successor to sale
Massachusetts, Loan & Trust Company, in &C
cordance with the statute in such case mad.
and provided
Dated at Skowhegan in said County thin
seventeenth day Of September, A. ID. 1907.
SKowHEGAN WATER COMPANY,
BY s. w. Gould,
President.