The daily monitor. (Mount Clemens, Mich.) 1940-1942, 1942-02-25
STATE OF MICHIGAN

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE
COUNTY OF MACOMB IN CHANCERY
In the matter of the petition of Mar
saret Martz Heineman. formerly Mar
garet Martz.
Your petitioner. Margaret Martz
Heineman, formerly Margaret Martz
respectfully shows unto this Court as
follows:
/: That she Is a resident of Macomb
County. state of Michigan.
z That on the ninth day of Decem-
Der, 1893. your petitioners father. George
II. Martz, of New Baltimore, Michigan.
executed a 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.
3. That by the terms of said trust
agreement. Albert A. Martz and Edward
r. 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-
airy. A. d. 1912, said Albert A. Martz
and Edward F. Wunsch resigned as
trustee under said trust agreement. a
copy Of which resignation is attached
hereto. and marked Exhibit b." and
that said resignation is authorized in
paragraph 1-G Of said trust indenture.
5. 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
potntment OF n successor trustee.
o. That because of the provisions OF
paragraph &c OF said trust indenturc.
there are minor. unknown and contin-
gent beneficiaries OF said trust.
2. That the trustor's wife. Margaret
a..
provisions of paragraph 1-B of said in
denture 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 IL 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 from the date OF the death of
the trustor to the date of the death of
your petitioner. and your petitioner al
leRes the fact 10 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.
Court appointing q guardian nd Item to
represent the minor and unknown and
contingent beneficiaries OF said trust
indenture.
That an order may be entered by this
Court that q copy Of this petition shall
be published once week for six con-
secutive weeks In . newspaper publish
ed and circulated In Macomb County.
C
That upon hearing OF this petition q
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 10 your
petitioner from the date OF death Of
Ceorne II. Martz. Trustee under said
trust indenture and that this Court APP
point and constitute the National Bank
Of Detroit. . Federal Banking Associa-
ton Of Detroit. Michigan. - successor
trustee Of said trust indcnture and that
this Court hereby reserves and retains
Jurisdiction Of the subject matter Of
this suit and Of ell parties hereto 10
edvise and instruct said National Bank
Of Dstroit - such Trustee. las 10 Its
powers. duties snd actions In Its CO
peeity o. such Trustee Whenever for any
reesea u nay require sucA sdvtes md