The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1855-03-28
Gtaai n oiifts.
In Ohancery,
Addison
County
Court,
December
Term, 1854.

George Gibson,
iona. c. Gipson, Adnr
Of Simon Gibson.
Whereas. Ebenczcr N. Briggs, of Brandon,
in Rutland County, and Linsie SaylcS, Of
Leicester in Addison County, executors OF
the last will and testament of jonathan Glib
son, late Of said Salisbury, deceased, have
brought their bill of complaint against the
| above named dofts. setting forth that Plny
| Flagg in his life time, and on the 9Th of Feb
ruary, 1921, conveyed by his deed OF bargain
and sale of that date in due form to Loyisa
| Graves OF Salisbury the following premises in
| Salisbury in said Addison County and bound
| ed,bcginning at u stake and stone standing on
| the East side of the highway leading from
| Abram Gibson's to Peter Cushman's, being
| the northwest corner of Dan Daniels old lot,
thence n. lie W. 90 rods TO stake and
| stones-thcnce East 8 > 49,, S. II rods to AN
ash trec--thence - , ~ w. rods TO a stake
and stones-thencc South as, H. ~ rods
| TO a stake and stones--thcnce u straight line
| to the bounds begun at. Also one other lot
| adjoining. bounded beginning at small
| poplar tree in the North line Of Dan ranicls'
old lot, and the s. Il. corner Of the above de-
scribed lot, then L. S. PIT rods TO &C.
| liar stakc--thon North : W. IS rods TO
n ntakc-then West A. n. Of. rods to II
! smsll maple tree with stones about it--tlen
| 4 Slrdl9hL lac ~ lHs bOuluS D'SWI ~ - anu
| all IN due equal form. And also setting forth
that afterwards Simeon Gibson, tlcn Of said
| Salisbury, and the said Lovisa Graves. at
said Salisbury were duly married aud that
| the said Simeon and LoviSa after their inter
| marriage, at Salisbury aforesaid, by their
! deed of bargain and sale executed in due
form, and Acknowledged ard recorded, did
| give, grant, bargain, sell, alien, convey and
confirm unto said Jonathan Gibson,t the aiore-
said described premises, in which said dood
of bargain and sale, the said Simeon and
Lovisa did for themselves and heirs, c8ecu-
| tors and administrators, covenant 20 aud
with tho said jonathan, his heirs, executors
and administrators, that they the said Sine
on and Lovisa, at and until the recording Of
| said deed, were well seized Ct said premises
| as u good indcfca>iblo estate in fee simple,
aud had good right to bargain and sell the
same in manner and form as in said deed
/ written, and that the same VAS free Fl ON all
incumbi nance, and also did bind Themselves
and heirs forever TO warrant and defend the
said granted and bargainod premises to tie
said Jonathan his heirs and assigns, against
all claims and demands whatever, the ac-
knowledgment Of which decd was hy mistake
dcftctivcly taken or certified by the magis
trate taking the same as TO the said Louisa,
and wherein it does not appear that she the
said Lovisa upon a separate examination and
apart from her husband, the said Simeon, ac-
knowledged the said deed, to be her free act
and deed and that sic acknov lodged fhc'a
| freely and without any fear or compulsipn of
her said husband. And also showing that
the said Lovisa after her said marriage and
the execution Of said deed as aforesaid, to
wit, at Ftchburgh, in the Commonwealth of
| Massachusetts,, died leaving two children by
said Simeon, to wit, Harriet Gibson and Ma
ry Gibson, her leirs and that afterwards
the said Harriet was duly married TO JOSEPH
Foster, Of Ashbv, in said Massachusetts,, and
that afterwards the said Harriet died leaving
two children, to wit, Ellen p. and Alfred Z.
| Foster both of whom arc under age and I'M
der the guardianship of their father, the said
Joseph Foster And also showing that the
said Mary Gibson, the other child Of the
said Lovisa, was married to Theodore LSan-
derson, Of said Fitchburgh, and that after
| the deccase Of the said Lovisa the said Sim
con Gibson, at said Fichbureh, was also
married TO ere Sarah wilkins, and had issue
or children by lcr his second wife, to wit,
Sarah Gibson, Aaron Gibson, Henry Gibson,
and George Gibson, and that the said Aaron
is under age, and under the guardianship Of
Aaron Chesman, of ;.eonins;cg Ia said Com.
monwealth Of Massachusetts, And also
! showing that the said jonathan Gibson, on
the 3lst day of July, a. b 1850 at Salisbury
aforesaid, made and published lis last will
! and testament, and therein devised and be-
! qucathed large amount Of real and person
al property, ana therein did give e. ant and
! tcqncaih TO the said Simeon Gibson one
| share Of the residue of mis- estate. and did in
his said will constitute and appoint the ora
tors executors Of said will ana testament
| And also showing, that afterwards, to Nit,on
! the 2lst day Of November S5l, that the said
! jonathan Gibson diei leaving said VT which
was duly proved before the Probate Court for
the District Of Addison, and allowed by said
court on the last will aud te,tsmcnt of the
said Jonathan, and administration thereof in
AL matters vas committed 10 the orators, who
acceitcd the said trust and gave bonds in due
form. And also showing. that on or about
the 2lst Of December, 1851, AT Fitchhurgh
aforesaid, that the said Simeon Gibson died,
and tina, afterwards administration on his cs-
tate. Of his goods, chattcls, rights or credits
in this State was on tie 9th Of February
1855 duly granted by said Probate Court
for the District Of Addison pforcsaid, to JON
athah [. GIBSON, who accepted said Il asst and
gave bonds in due form of law And also
showing that said Simeon Gibson ever after
the execution of said deed until his death,
that the said Simeon resided without this
State. AT Fitchhurgh aforesaid, and that the
heirs of said Louisa, to wit, Theodore !. San
dcrson, and Mary Sandelson his wife, and
Alfred L. Fostersnl Ellen p. Foster by their
next friend Joseph Foster, on the 7th day Of
April, 1854, brought their action in due form
In their favor against the orators, made re-
turnablo before Addison Count, Court on the
lst Tuesday of June, A. D. 1854, declaring
in plea that the orators render the seizin
and peaccable possession Of the aforesaid de-
scrihed premises to them the said plaintiffs,
in said suit, and demanding in damages the
sam Of 500 dollars, and the quiet and ace
able possession of the premises aforesaid and
which action is still pending in said Addison
County Count. And further showing that the
estate Of the said Since is largely indebted
TO the estate of the said Jonathan by reason
Of bond Of the covenants in said deed con-
tanned and given by said Simeon and Louisa
as aforesaid, to said Jonathan IN lis life time,
and to an amount exceeding the amount OF
the legacy so bequcathcd by said Jonathan
to said Simeon, and that the estate Of The
said Jonathan is in danger Of losing the said
described premises, a d the orators also DO
liable TO be called upon for the payment Of
the aforesaid legacy to the heirs of the said
Simeon 10 the prejudice Of the estate Of the
said Jonathan and the other lcgatees in his
said will named, and that the claim so exist
ing against the estate Of the said Simeon in
favor Of the estate Of the said Jonathan by
reason of the breach of covenant as aforesaid,
has not been paid OF discharged, but is still
due: and praying that the said Theodore
Sanderson, Mary SaLderson his wife, and Al.
fred L. and Ellen P. Foster by their guardian
may be decreed either TO pay and satisfy The
orators as executors as afore aid all damages
in consequence of breach of said covenant
in said deed contained with interest thereon.
or else to return all their right, title interest.
claim and demand in and to said premises,