Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-07
CYRUS GALE, Petitioner

BENJAMIN D. WHITNEY AIS, respondents.
N%JHEREAs said Cyrus Gale has presented his Petit.
ton to this Court, setting forth that he is the
Their and heir at law and next of kin Of Frederick W.
Gale, Esquire late of Worcester in said County deceased
that about the 10th day Of September 1854 the said
Frederick W. and his wife Sarah Gale, and their infant
daughter took passage from Liverpool New York In
the Steamship Arctic JamesfC. Luce, Commander, and
persisted at said passage, about the 9th day
Of September 1854 that SAID Frederick W. surv ed and
overved hs said wife and daughter aud died unmarried
and without issue-that said Frederick W., ded-seized
Of certain Real Estate in said Worcester and also
possessed Of and entitled to Persona Estate great val.
Including certain Bank and Railroad Stocks which
had been the properly Of his wife while sole and which
came TO him m the marriage, tina said Frederick W.
made his will in 1852 wherein after giving sundry pecun
airy egace to otherpersons, he gave therein FORTH
therestand residue of his property and estate wife
and anychild or children he might have, that his will
WIS duly approved in the PrObae Court fer said County,
and Joseph Sargent, hyscian AMI Samuel B. / God.
dard, Counsellor at law appointed executors said
will and Joseph Sargent also appointed administrator
upon tn estate of said Sarah Gale life Of said Frederick
w. that SAID Joseph has accounted for said Socks az
such administrator in the Probate ur that said Cyrus
the owner of and entitled to the personal g.
tate of said tesator by descent dis rbuon otherwise
his heirs at law and of kin subject to the rshts
Of said Legaees including said in the hans OF the
administrator OF said Sarah, that Benjamin D. Whitney
Hammond " hitney, Joseph Sargent, and Emily Sargent
his WIFE, and Mary Felton, and Julia W. feItan minor
children ofCorneus O. FELTON, u heirs at law
of k of said Sarah Gale ana claim SAIL es ate of said
Frederick W. and said Sarah adv rsely to said Cyrus
subject the rights the said Lega es and are adverse
" interested 70 salo Peoni mat sad James Luce Of
Yonkers in the State Of New York. is material witness
for said Cyrus in respect his said claim and title and
to said Frederick W. surviving his said wife and child
that his evidence is in danger Of being lost before his title
can beed and that he DESTROYS pepetusng his es-
Hmony in respect to his said claim and prays commits.
sion may issue 10 take the Deposition of said Luce in re-
aton thereto in perpetual remembrance of the thing
1t is now ordered by the Court that notice he given 10
said Respondents named and to all other 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 holden at Worcester within and for said
Countyo Worcester, the 10th day OF February A. d.
1855, to shew if airy 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
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
location to be days before the said 6h day Of Feb
ruary, A. D. 1856.
Copy of the Petition and Order Of Notice thereon
Attest, JOS. MASON Clerk.