Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-08

N-AA@'Si
BENJAMIN D. WHITNEY < AIS. respondents
EAIHEREAs sail Cyrus Gale has presented his Petit.
ton to This Court, setting forth that he is the IA
ther and heir at law, aud Of kin Of Frederick w
Gale Esquire late of Worcester said County deceased
that about the 10Th day Of September 1854 The said
Frederick W and his wife Sarah Gale, ard their infant
daughter took passage from Liverpool to Eew York In
the Steamship Arctic, james @. Luce, Commander and
persisted at sea- said passage about the 9Th day
oil september 1904 that saul Frederick w. survived and
overVed his said wife and daughter and died unmarried
and without issue--that said Frederick w. died-sezed
Of certain Real Estate in said Worcester and was also
ne, including certain Bank and Railroad Stocks which
mad been the properly Of his wife while sole and which
came 10 him on the marriage, that said Frederick Vs.
made h viii in 1882 wherein after giving sundry pecuni
airy egacies to other persons gave therein set forth
theres and residue of his property and estate his wife
and any Child children he might have that his viii
was duly approved in the Probae fer said County
and Joseph Sargent, hysician, and Samuel B. God
dard, Counsellor at law were appointed executors Of said
willard Joseph Sargent also appointed administrator
upon tn estate of said Sarah Gale wife of said Frederick
w, that said Joseph has accounted for said Stocks as
such administrator in the Probate Court; that said Cyrus
the owner of and entitled to the real and personal IS
tate OF said testator, by descent distribution or otherwise
as his heirs at law and Of kin sub TO the RIGHTS
Of said Lgatees including said assets in the hands OF the
administrator of ssd Sarah, hat Benjamin D. Whitney,
Hsminond whitney, Joseph Sargent and Emily SARGENT
his vile, and Mary S Felton, and Julia W relt)n minor
children OF Cornelius c. Felton, the heirs at law next
of XIX Of said Sarah Gale and claim said estate of said
Frederick W. and said Sarah adversely to said Owns
subject to the rights the said Legatees and are adverse
R interested to said Petition; that said James c. Luce of
Yonker5 in the State of New York, is material witness
for said Cyrus in respect TO his said claim and title and
as to said Frederick W. surviving his said VIZ and child
that his evidence is in danger of being lost bis title
can betred and that he DESTROYS of ppetuang his tes
timony in respect to his said claim prays commits
SION may issue to take the DEPOSITION of said Luce IN re-
laton theret in perpetual remembrance of the thing
1t ordered by the Court that notice be given to
said Respondents named and all other persons interest
ed in said claim and title of the Petitioner and in the
prayeo said Petition, appear before the Court of Gem
men Pleas hoien at Worcester within and for said
County OF Worcester, the 16h day February A. d.
1856 to shew cause if any they have why the PRAYER
thereof not be granted by publishing copy Of the
above abstract of said Petition 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, or Daily Atlas newspapers
printed in Boston, in the County OF Suffolk the last pub
LEGATION to be days before the said I6h day of Feb
ruary, A. D. 1856.
Copy Of the Petition and Order of Notice thereon
Attest JOS. MASON Clerk