The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1855-04-11
EeaoI Notices.
In Chancery,

Sarah Gibson q
George Gibson,
iona. c. Gipson, Admr
of Simon Gibson.
Whereas. Ebenerer N. Briggs, Of Brandon,
In Rutland County, and Linsic Sayles, 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 defts, 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 Lovisa
Graves of Salisbury the following premises in
Salisbury,in said Addison County and bound
ed,beginning at = 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. 10, W. 80 rods to stake and
stones-thence East 8 , 49,, s. II rods to an
ash tree-thence 6 ~ W. rods to a stake
aud stones-thence South 8 . 49,, t. 81 rods
to = stake and stones-thcnco a straight line
TO the bounds begun at. Also one other lot
adjoining. bounded beginning at a small
poplar tree in the North line Of Dan PANELS
old lot, and the s. Il. corner Of the above de-
scribed lot, then T.. > s. ola rods to a &C.
dar stake--then North 5 W So rods to
a rtakc--then West A , N. cit rods to u
small maple tree with stones about it--then
straight limo to the bounds begun at:--And
all in due equal form. And also setting forth
that afterwards, Simeon Gibson, then Of said
Salisbury and the said Lovisa Graves at
said Salisbury were duly married. and 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 aid recorded. did
give, grant, bargain, SELL alien, convey and
confirm unto said Jonathan Gibson the aforc-
said described premises, in which said deed
of bargain and sale, the said Simeon and
Lovisa did for themselves and heirs, execu-
tors and administrators, covenant to and
with the said Jonathan, his heirs, executors
and administrators, that they the said Sine
on and Lovisa, at and until the recording Of
said deed ware well seized Of said premises
asa good indefcasibe estate in fee simple,
and had good right to bargain and sell the
same in manner and form in said deed
written, and that the same was free Fl ON all
incumbrance, and also did bind themselves
and heirs forever 10 warrant and d,fend the
said granted and bargaincd premises to the
said Jonathan his heirs and assigns, against
all claims and demands whatever, the ac-
Acknowledgement of which deed was By mistake
effectively 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 separate examination and
apart from her husband, the said Simeon ,ac-
knowlcdged the said deed, to be her free act
and deed and that she acknowledged the same
freely and without any fear or compulsun of
her said husband. And also showing that
the said Lovisa after her said marriage and
tho execution Of said deed as aforesaid, to
wit, at Fitehburgh, in the Commonwealth Of
Massachusetts, died leaving two children by
said Simeon, to wit, Harriet Gibson and Ma
ry Gibson, her heirs and that afterwards
the said Harriet was duly married to Joseph
Foster, of Ashby, in said Massachusetts, and
that afterwards the said Harriet died leaving
TWO children, to wit, Ellen P. and Alfred L.
Foster, both Of whom are under age and I'M
der tho 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 L.San-
derson, of said Fitchburgh, and that after
the deceasc of the said Lovisa, the said SIM
con Gibson, at said Fitchburgh, was also
married to one Sarah Wilkins, and had issue
or children by her 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 Leominster,in said Com
monwealth Of Massachusetts. And also
showing that the said Jonathan Gibson, on
the 3lst day of July, A. D. 1850, at Salisbury
aforesaid, made and published his last will
and testament, and therein devised and be-
queathed large amount of real and person
al property, and therein did give, grant and
tequeath to the said Simeon Gibson one
share of the residue Of his estate. and did in
his said will constitute and appoint the ora
tors executors Of said will and testament.
And also showing, that afterwards, to wit on
the 2lst day of November 1851, that the snid
Jonathan Gibson dicl leaving said will which
was duly proved before the Probate Court for
the District of Addison, and allowed BY said
court on the lot will and testament of the
said Jonathan, and administration thereof in
all matters was committed to the orators, " no
accepted the said trust and gave bonds in no
form. And also showing, that on or about
the 2lst of December, 1861, at Fitchhurgh
aforesaid, that the said Simeon Gibson died,
and that afterwards administration on his es-
tate. of his goods, chattels, rights or credits
In this State was on the 9th of February,
1855, duly granted by said Probate Court
for the District of Addison aforesaid, to JON
athan Z. Gipson who accepted said trust 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 Fitchburgh aforesaid, and that tho
heirs OF said Louisa,to wit, Theodore L. San
derson, and Mary Sandcrson his wife, and
Alfred L. Foster and 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-
turnable before Addison County Court on the
lat Tuesday OF June, A. D. 1854, declaring
In plea that the orators render the seizin
and peaceable possession of the aforesaid de-
scribed premises to them the said plaintiff
In said suit and demanding IN damages tho
sam OF 800 dollars, and the quiet and peace
able possession Of the premises aforesaid and
which action Is still pending in said Addison
County Court. And further showing that the
estate Of the said Simeon is largely Indebted
TO tho estate Of the said Jonathan by reason
Of a bond Of the covenants in said deed con.
tanned and given by said Simeon and Louisa
AS aforesaid, TO said Jonathan In his life time
and to an amount exceeding the amount OF
the legacy so bequeathed by said Jonathan
20 said Simeon, and that the estate Of tho
said Jonathan is in danger of losing the said
described premises, and the orators also be
liable to be called upon for the payment of
the aforesaid legacy TO the heirs Of the said
Simeon TO the prejudice of the estate of the
said jonathan and the other legatecs 10 his
said will named, and that the claim SO exist
ing against the estate of tho said Simeon in
favor of the estate OF the said Jonathan by
reason Of the breach of covenant as aforesaid
has not been paid or discharged but Is still
due: and praying that the said Theodore l..
Sanderson, Mary SaLderson his wife, and AL
fred Z. aud Ellen T. Foster by their guardian
may be decreed either to pay and satisfy the
orators as executors as aforesaid all damages
In ON Auta NJ -. A.