The daily monitor. (Mount Clemens, Mich.) 1940-1942, 1942-03-18
MACOMB RECREATION
BATH CITY LEAGUE
OE MICHIGAN

IN THE CIRCUIT COURT FOR THE
COUNTY OF MACOMB IN CHANCERY
In the matter of the petition of Mar
Raret Martz Heineman. formerly Mar
garet Martz
Your petitioner. Margaret Martz
Hcineman. formerly Margaret Martz.
respectfully shows unto this Court rs
follows:
i: That she is a resident Of Macomb
County. State of Michigan.
2. That on the ninth day OF Deem
Der, 1885, your petitioners father. George
H. Martz. of New Baltimore, Michigan.
executed q trust indenture. a copy Of
which is hereto annexed and marked
Exhibit A." under which trust agree
ment your petitioner Is one Of the
beneficiaries.
g. That by the terms of said trust
agreement. Albert A. Martz and Edward
F. Wunsch. both OF Detroit. Michigan.
were appointed trustees and have acted
as such since the date of execution of
said trust.
4. That on the eleventh day Of Febru-
ary. A. D. 1912. said Albert A. Martz
and Edward F. Wunsch resigned rs
trustee under said trust agreement.
copy OF which resignation Is attached
hereto. and marked Exhibit B." and
that said resignation Is authorized in
paragraph &c OF said trust indenture.
5. That said trust indenture does not
contain any provision for q successor
trustee in the event of the resignation
Of both trustees therein named and.
therefore. said trust agreement Is In
capable of administration until the ap-
pointment OF a successor trustee.
8. That because of the provisions of
paragraph &c Of said trust indenture,
there are minor. unknown and contin-
gent beneficiarics Of said trust
Z. That the trustor's wife, Margaret
Martz. is deceased and that under the
II u - ea{I s,
denture of trust. the net income from
said trust property Is payable 10 the
trustor for the sole benefit of your pc
titioner. That under paragraph &c pro-
vision is made for the payment of the
net income of the trust property TO the
issue of your petitioner after the death
Of your petitioner That by the terms Of
said trust indcnture no disposition Is
made of the net income of said trust
property from the date Of the death of
The trustor to the date OF the death of
your petitioner. and your petitioner al
lcRes the fact TO be that II was the in
tention OF the trustor that from the date
Of the death Of the trustor to the date
of the death OF your petitioner, the net
income Of said trust property is to be
paid to your petitioner.
Wherefore your petitioner prays:
A
That an order may be entered by this
Court appointing guardian ad Item TO
represent the minor and unknown and
contingent beneficiaries of said trust
indenture.
B
That an order may be entered by this
Court that a copy of this petition shall
be published once a week for six con-
secutivc weeks In newspaper publish
ed and circulated In Mscomb County.
C
That upon hearing of this petition .
decree may be entered by this Court
instructing and authorizing the trustees
of said trust indenture TO pay the net
income of said trust property TO your
petitioner from the date OF death Of
George n. MARTY. Trustee under said
trust indenture and that this Court ap-
point and constitute the National Bank
Of Detroit. Federal Banking Associa-
ton of Detroit. Michigan. rs successor
trustee of said trust indenture and that
this Court hereby reserves and retains
jurisdiction of the subject matter OF
this suit and of all parties hereto TO
advise and instruct said National Bank
OF Detroit as such Trustee. rs TO Its
powers. duties and actions In fs ca
pscity as such Trustee whenever for any
reason u may require such advice and
instructions.
Margaret Martz Heineman. now
Mrs. VIM. J. Heineman
STATE OF MICHIGAN,
COUNTY OF WAYNE. -
Margaret Martx Heincrnsn being duly
sworn. deposes and says. that she has
read the foregoing petition by her sign
ed. knows the contents thereof and thst
the same n true.
Msrsseet Marta Heinemsn. new
Ma Vim, ,. nsAnemsn
!, 9puo - 80 - oooo9 -