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

-~N'N'S-ANAj
BENJAMIN D. WHITNEY, & AIS, Respondents
NMyHEREAs the said Samuel B. l. Goddard, one of
w the Executors Of the las will and testament of
Frederick W Gale, late Of Worcester, in said County
Esquire deceased for and in behalf Of the estate of said
testaor has pr scented his Petition to this Court setting
forth that said Frederick w Sarah Gale his vie ard
their infant dauga their passage from Liverpool 10
NV YORK, in the Steam Ship Arctic James c. Luce Com
mander persisted at about the 9th dry Of sepa
tem0tr lon4 hat As this Pet TONER believes and AYERS
said Frederick Wsurvived and lived his said wife
and daughter and died without issue aud
that Cyrus Gale of Northb roueh in said County his fl
ther is the heir law and Of kin of sad Srelerck
w, tht said Frederick W. died. seized Of certan real es
tate III SAID worcester ami WAS osseased Of and entitled to
personal properly # great value he made his will in
1862, aud after giving cet pcunary Legaces to other
persons, he devised and bgque thei the of his estate
as set frrh in lis viii, his wife any child or chill
dren he ni=ht have-that said viii duty approved
in the Probat ourt for SAID Cour seph Sarsent
phys cian and lid Petitioner, appointed Executors
Of the willard that said joseph Sargent Also ppoi
ed administrator upon the state of said Srah she log
Possessed at the time of her marriage with the tsator Of
sundry Bank aid Rail Roai Stocas whicl had moi been
sold a. the time of his deah-that said Administrator
has accounted for said in the Probate Court that the
question: as to whom the in his hands should be
pad over or distrbut Is now pending in the Supreme
Sout PROBATE Tor siid Uouuy that said Cyrus Gale
as he Petitioner believes Of and entitled 10 the
real AID personal estate sad aor and said asst m
the hands of said insrator subject to the rights Of
said Legatees other than his sail wife and daughtethat
said Petition as Executor claims The said asses and bal
ance In said admistrators hands for and ia behalf Of the
to the same as pat the the testator by rta-
son that said tesla or survived ami oyerfyei his sad
VIE and cali that the psrs adversely inerested
against sand claim ard lie U the petitioner and of said
Cyrus, are the heirs at law and of kin of said
Sarah henjamn D. Whitney, Hammond Whitney
Joseph Sargent and Emily Ssrgent, his wife and
Mary :. telton and Julia W. Felton,, minor Chit,
dreno OF Cornelius Q. Felton, who make claim 10 said as
sets IN the HANDS of said Admin STRAIT r. ard 10 the estate
OF said esato subject the rights said Lsgatses that
sad James Luce, now Of Yolkers ia the State of New
York. is material Nitnss in support of the sad claim
ami title Ct tie Petitioner and aid Cyrus that his evil
De &c is important aud is in danger Of heg lost before said
title Gao be rie taat your Petitioner is DESTROYS OF per-
retuatng the testimony Of said Luce in aspect to sail
Clam and title and to said surviving and over
living his said wife and daugh'sr werelore he prays a
commission may rsue take the dep siton Of said Luce
IN relation thereto in perpetual remembrance Of the thing
II is now ordered by The q that notice be given to
shd respondents aud 10 all other pTs ms interested
N sald claim an title, and in the matt of said
Portion, to appear before the Court Of Common Pleas
DOW holden az Worcester, within and for sail Coun.
ty OF Worcester on hs sixteenth day of February
D. 90 to shew cause if any they havewhy the pray
eT Thereof should not be granted by publishing an attest
ed copy Vt the above abstract said Petition and of This
ORDER thereon, week in the Daily Spy newspaper
printed in Worcester in said County Worcester and in
the Boston Daily Nrning Post or Daily Atlas. newspa-
pers printed in Boston, the County of Suffolk the last
publication to he day before said 6 ay Of Fsr
airy, "A. d, 1876
= Cory Of the Petition and Order Of Notice.
Auest JOS. MASON, Clerk