Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-05
BENJAMIN D. WHITNEY & AIS, responder

BENJAMIN D. WHITNEY AIS, respondents.
NNHEREAs said Cyrus Gale has presented his Peti.
w tion to this Court setting forth that he is the fa-
ther and heir at law and next of kin Of Frederick W.
Gale Esquire, late Of Worcester in sad County, deceaed
that about the Goth day OF September 1854 the said
Frederick w. and his wife sarah Gale. and their infant
daughter, took passage from Liverpo to New York in
the Steamship Arctic, James Q. Luce Commander, and
persisted at on said passage on or about the 9th day
of SEPTEMBER 1854, that SAID Frederick W. survived and
oYerived his said wife and daughter, died unmarried
and without issue-that said Frederick W., ded-sezed
of certain Real Estate in said Worcester and was also
possessed Of and entitled to Personal Estate Of great val
ue including certain Bank and RAILROAD Stocks which
had been the properly of his wife while SOLE which
TO him on the marriage, that said Frederick w.
made his will in 1882 wherein after giving sundfy pecun
egaces to other persons, he gave therein forth
therest and residue Of his property an his wife
and any child children he might have, that his will
was duly approved in the Proba Court fer said County
and Joseph Sargent, physician, and Samuel b. God
dard Counsellor at law were appointed Of said
will and 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 Cour that Cyrus
the of anil entitled to the personal es
tate OF said estaor, by descent distribution otherwise
his heirs at law and next of kin subject to the
of said Legatees, including said the hands the
administrator Of said sarah that Benz D. Whitney
Hammond hitney Joseph Sargent, and Emily Sargent
his wife, and Mary Felton,, and Julia W. reton minor
children ofCorneus O. Felton, the eirs at law q next
of kL of said Sarah Gale. and claim said estate of said
Frederick W. and said Sarah, adversely to said Cyrus
subject the rights the said Legaees and are adverse
y nterestedto said Petitions that said James @ Luce of
Yonkers, in the State of New York, is material witness
for said Cyrus in respect to his said claim and title and
said Frederick W. surviving his said wife and child
that his evidence is in danger of being before his title
bered and that he is DESTROYS of pepeuatng his ties.
timony in respect to his said claim and prays commits.
sion may issue TO take the deposition of said Luce in re-
ation thereto in perpetual remembrance Of the thing.
1t is ordered by the Court that notice be given to
said Respondents named and to alloth persons interest,"
ed in said claim and title Of the Petitioner and in the
prayer of said Petition appear before the Court of Gem
mon Pleas now holden at Worcester, within and for said
Counyo Worcester, the 10Th day oil FebruaryA d,
1856 to shew cause 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 to be days before the said 10Th day of Feb
ruary, A. D. 1856.
Copy Of the Petition and Order Of Notice thereon.
Attest, JOS. MASON, Clerk,