Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-08
BENJAMIN D. WHITNEY, 1 AS Resnnndents


BENJAMIN D. WHITNEY, & AIS Respondents
NAJ HEREAS the said Samuel B. l. Goddard. one Of
the Executors of the las VIII and testament Of
Frederick W. Gale, late of Worcester in said County
Esquire deceased for and in behalf of the estate Of said
estator has presented his Petition this Court setting
forth that said Frederick W. and Sarah Geh wife and
their infant daughter their passage from iverpool to
New York, in the Steam Ship Arctic, James c. Luce Com.
mander persisted at sea- about the 9th day of Sem
tember l8h4-.hat as this Petitioner believes and ayers
said Frederick w. survived and over lived his said wife
and daughter and died unmarried and without issue and
that Cyrus Gale Of Marlborough in said County his IA
ther is the heir AZ law next Of kin of said Ere
W. that said Fred eric w. died. seized certain real es-
tate in said Worceser and and enedto
personal property Of great values st he made his will in
1882 aud after giving tain pecRry Legaees to other
PERSONS he devised and beque hed the of his estate
as set forth in his WILL to his wife and any child or chill
dren he might have-that said Will duly approved
in the Probate Court for said County and Joseph Sargent
physician, and said Petitioner were apponte Eyec,tors
ofhe willard that said Joseph Sargent was also apoont
ed administrator the estate of said Sarah she being
possessed at the time of her marriage with the estaor of
sundry Bank ard Rail Road Stocks which had NOT been
sold at the time of his deah--that said Administrator
has accounted for said stocks in the Probate the
question as to whom the in his bands Should be
PAID over or distributed is pending the Supreme
Court of Probate for said County that said Cyrus Gale
as the Petitioner believes the owner Of and entitled to the
reat and personal estate Of said ard said assets in
the hands of said Administrator subject to the rights of
said Legaees other than his said wife and daugher-that
said Petition as Executor claims the said assets and ball
ae in said administrators hands for and in behalf the
estate of said estaor and that said executors are entitled
TO the part o. the estate the testator by ra
that said testator survived and overvei his said
wife and child; that the persons adversely interested
against said claim and tile Of the petitioner and of said
Cyrus, the heirs at law aud next of kin of said
Sarah = Benjamin D. Whitney, Hammond Whitney
joseph Sargent and Emily Sargent, his wife and
Mary s. Felton, and Julia W.. FELTON,, minor chill
dTen of Cornelius O. Felton, who claim TO said as
in the hands of said Administrator and to the estate
of said testaorsubec TO heghts said Legatees that
said James c. Luce of Yonkers the State of New
York. is material witness in support of the said claim
and title Of the Petitioner and said Cyrus that his evil
derce important and is in danger of being lost before said
title be tried that your Petitioner is DESTROYS of per-
petuatng the testimony of said Luce in respect to said
claim and tile and to said tesaors surviving and over
living his said wife and daughter, wherefore he pravs
commission mayssue to take the deposition of said Luce
in relation thereto in perpetual remembrance of the thing
1t ordered by the Court that notice be given To
said Respondents, and to all other persons interested
in sand claim ami title, and in the matter of said
Petition, to appear before the Court of Common Pleas
now holden at Worcester, within and for said Coun-
y of Worcester, on the sixteenth day of February
A. D. 1856, to shew if any they havewhy the pray,
er thereof should not be granted by publishing an attest
ed copy OF the above abstract of said Petition and of this
order thereon, one week in the Daily Spy newspaper
printed in Worcester in said County of Worcester and in
the Boston Daily &ihrning POST or Daily Atlas newspa-
pers printed IN Boston, in the County Of Suffolk the last
publication to be seven days before said 10th day Of Feb
airy, A, D. 1856.
Copy Of the Petition and Order of Notice
Attest; JOS. MASON Clerk