Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-04
oHAs. G. PRENTJss, Reg.
MESSENGER'S NOTICE.
Commonwealth of Massachusetts.
WORCESTER, Cour; of Common Pleas at Worcester,
December Term, 1855,


December Term, 1885,
CYRUS GALE, Petitioner,
BENJAMIN D. WHITNEY & AIS, respondents.
NMT HEREAs said Cyrus Gale has presented his Petit.
Wv tim to this Court, setting forth that he il IA
ther and heir at law, and next of kin of Frederick W.
Gale Esquire late Of Worcester in said County ed
thai alb the 2) day Of September 1854 the said
Frederick w and his wife sarah Gale, and their infant
daughter, took passage from Liverpool to New York in
the steamship Arctic, James G, Luce Commander, and
persisted at said PASSAGE about the 9Th day
of September 1884, that SAID Frederick W survi ed and
overved his sad wife and daughter aud died unmarried
and without i;suetha said Frederick W, dedssized
of certain Real Estate in said Worcester was also
possessed of and entitled to Personal Estate great val
ue, Including certain Bank and Railroad Stocks which
had been the properly of his wife while Sole and which
came TO HIN on the marriage that said Frederick W.
made his wiin 1852, wherein after giving sundry pecun
airy egaces to other persons, he gave therein forth
therest and residue of his property and estate his wife
and any child children he might have that his will
was duly approved in the PrUba Court Ter said County
and Joseph Sargent, hysician, and Samuel b. L God
dard, Counsellor law appointed executors of said
will and Joseph Sargent also appointed administrator
upon tn estate OF said Sarah Gale wife of said Frederick
w. that sad Joseph has accounted for said Stocks as
such administrator in the Probate Court that said Cyrus
was the of and entitled to the real and personal IS
tate of said teator by descent distribution otherwise
as his heirs at law and of kin subject to the rights
of said Legatees including said assets in the hands the
administrator of said Sarah, that Benjamin D. Whitney
Hammond v hitney, Joseph Sargent and Emily Sargent
his vile, and Mary Felton, and Julia W. Feton. minor
children OF Cornelius c. Felton, the heirs at law next
az XII uf sad Sran Gale and claim said estate of said
Frederick W. and said Sarah adversely to said Cyrus
subject to the rights the said Legatees and adverse
y interested to said Petition; that said James c. Luce Of
Yonkers in the State of New York, material witness
for said Cyrus in respect TO his said claim and title and
as to said Frederick W. surviving his said wife and child
that his evidence is in danger Of being lost before his title
can betred and that he is DESTROYS Of pepetusng ties.
tinony IN respect his said claim and prays commis-
sion may issue 10 take the Deposition Of said Luce IN re-
ation theret in perpetual remembrance of the thing.
1t is now ordered by the Court that notice given TO
said Respondents named and to other persons interest
ed in said claim and title Of Petitioner and in the
prayer said Petition, appear before the Court Of Com
mon Pleas nov holien at Worcester, within and for said
Countyo Worcester, on the l6th day OF February A. D.
1856, to shew if any they have, why the prayer
thereof should not be granted by publishing copy OF the
above abstract of said Petition and Of this order thereon
one week in the Worcester Daily Spy newspaper print
ed in Worcester in said County OF Worcester and in the
Boston Daily Morning Post, Daily Atlas newspapers
printed in Boston, in the County Of Suffolk the last pub
LEGATION 10 be seven days before the said 10th day of feb
| ruary, A D. 1856.
Copy of the Petition and Order of Noticethereon.
Attest, JOS. MASON, Clerk.