Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-07
COMMONWEALTH OF MASSACHUSETTS.
WORCESTER, IS. Court of Common Pleas at Worcester
December Term, 1885.
SAMUEL B. I. GODDARD, Executor, Petitioner,


BENJAMIN D. WHITNEY, l. AIS, Respondents
WNTHEREAs the said Samuel B. 1. Goddard one Of
w the Executors of the las will and testament Of
Frederick W. Gale, late Of Worcester in said Comfy
Esquire deceased for and in behalf Of the estate Of said
estator has pre- sented his Petition to this Court setting
forth that said Frederick W. and Sarah Gale his wieand
their infant daughter on their passage from Liverpool to
New York, in the Steam Ship Arctic, James c. Luce Com.
mander persisted at about che 9th dry of SEN
TENDER, 1S54'hat this Petitioner believes and AYERS
said Frederick W., survived and lived his said wife
and daughter and died unmarried and without and
that Cyrus Gale, ofNorthbNrough in said County his ia
her is the heir at law and next Of Kin Of said Frederick
W. that said Frederick W died, seized Of certain es
tate In said Worcester and and entitled to
personal property Of avaue, that he made his will in
1882 and after giving cetan pecunay Legaces to other
PERSONS he devised and bequethed rest of his estate
set forth in bis will, to bis wife aud any child or chill
dren he might have--tbat said viii duly approved
In the Probate Court for said County essph Sargent
physician said Petitioner, appointed Executors
Of the will and that said Joseph Sargent also sppont
ed administrator upon the estate Of said Sarah she log
possessed the time Of her marriage with the testaor Of
sundry Bank and Rail Road Stocks which had not been
sold at the time of his deaih-that said Administrator
has accounted for said stocks in te Probate the
question to whom the assets In his hands should be-
paid or distributed is pending In the Supreme
Court of Probate for said County that said Cyrus Gale
the Petitioner believes the Of and entitled 10 the
re and personal estate Of said tesator and said assets in
the hands Of said Administrator, subject the rights Of
said Legatees other than his said wife daughterhAt
said Petition as Executor claims the said and bal
ance In said administrator hands for and in behalf the
estate of said testato and that said entitled
TO the part the estate the tesator BY rea-
that said testaor survived and o7erivei his said
wife and child; that the persons adversely interested
against said claim and tile of the petitioner and Of said
Cyrus, are the heirs at law and Of hin Of said
Sarah = Benjamin D. Whitney, Hammond Whitney,
Joseph Sargent and Emily Sargent, his wife and
Mary :. FELTON, and Julia w. Felion, minor chill
dren Of Cornelius O. Felton, who make claim to said as
In TIE hands Of said Administrator and to thesate
Of said estator subject the rights Of said Legaees that
said James Luce Of Xonkers In the State Of New
York Is material witness IL support OF the said claim
and title cf the Petitioner and said Cyrus, that his evil
derce and danger OF being lost before said
title can he tried that your Petitioner DESTROYS Of per-
petuapg the testimony Of said Luce Ia respect to said
claim ard title and said estatorseurvving and over
living his said wife and daughter ereoFe he prays
commission may issue to take the deposition Of said Lace
In relation thereto IN perpetual remembrance Of the thing
Ms now ordered By the Court that noce be given 10
sad Respondens and to all other persons Interested
m said claim and title and In The matter Of said
pet6on 70 appear before the Court of Common Pleas
now holden Worcester, within and for said Coun.
~ Of Worcester, on he sixteenth day Of Februsry,
K D. 1856 70 shew II any they havewhy the pray.
thereof should not be granted by publishing ateet-
cd copy Of the above abstract OF sad Petition and ohis
order thereon, week In the Daily Spy, a newspaper
printed in Worcester, in said County ofW0rcester and
the Boston Daily Morning Post or Daily Atlas, Eewspa-
pers printed Ia Boston, 10 the County Of suffolk the last
qualification % beseyen days befores "a leh day CFsbru
AIRY, A. d. 1896.
A copy Of the Petition snd order Of Notice.
Atlest' Jos. MASON, Clerk.
Feb. /, 1886 div
AkAIS-S0O baahss nLoe, IN sIcre, and iors as bV
" I. 4 J. SUTTON,
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