The daily monitor. (Mount Clemens, Mich.) 1940-1942, 1942-03-25
STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE
COUNTY OF MACOMB IN CHANCERY
In the matter Of the petition OF Mar
sarct Martz Heineman. formerly Mar
garet Martz
Your petitioner. Margaret Martz
Heineman, formerly Margaret Martz,
respectfully shows unto this Court Is
follows:
/: That she is a resident Of Macomb
County, State of Michigan.
That on the ninth day Of Decem-
ber 1898. your petitioners father. George
n. Martz. of New Baltimore. Michigan.
executed trust indenture. copy OF
which is hereto annexed and marked
exhibit A." under which trust agree
ment your petitioner Is one OF the
benefciaries.
3. 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 p. Wunsch resigned ~
trustee under said trust agreement.
COPY of which resignation IL attached
hereto, and marked Exhibit B." and
that said resignation Is authorized IN
paragraph 1-G of said trust indentue.
S. That said trust indenture does not
contain any provision for . 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 sp-
pointment of successor trustee.
g. That because of the provisions OF
paragraph &c of said trust indenture.
there are minor. unknown and contin-
gent beneficiaries of said trust.
T. That the trustor's wife. Margaret
Martz. Is deceased and that under the
provisions OF paragraph LIB OF said in
dcnture of trust. the net income from
said trust property Is payable TO 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 indenture no disposition Is
made of the net income Of said trust
property 6om the date Of the death Of
the trustor to the date Of the death OF
your petitioner and your petitioner al
leges 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 IL to be
paid 70 your petitioner.
Wherefore your petitioner prays:
a
That an order may be entered by this
Court appointing a guardian ad Item TO
represent the minor and unknown and
contingent beneficiarics of said trust
indenture.
B.
That. an order may be entered by this
Court that a copy Of this petition shall
be published once . week for six con-
secutve weeks In q newspaper publish
ed and circulated in Macomb County.
C
That upon hearing Of this petition .
decree may be entered by this Court
instructinR 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. Martz, Trustee under said
trust indenture and that this Court ap-
point and constitute the National Bank
of Detroit, q Federal Banking Associa-
ton of Detroit. Michigan. ~ 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 rs such Trustee. ~ 10 us
powers. duties and actions In It's ca
pacity as such Trustee whenever for any
reason II may require such sdvfcs and
instructions.
4 Margaret Martx neineman. sow
Mrs. VIM. J. Heineman
&TATE OF MICHIGAN.
COUNTY OF WAYNE. -
Margaret Martx Heineman being duly
sworn. dcposes and says. that she hss
read the foregoing petition by her sign
ed. knows the contents thereof and that
The sane = true.