Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-01
Nem advertisements.
Comm. pa wealth of HIassachusetts.
WoROEsrER IS Cour. of Common Pleas at Worcester
December Term, 1855,
CYRUS GALE, Petitioner,
BENJAMIN d. WHITNEY s; AIS. respondents

NNTBEREAS said Cyrus Gale has presented his Peti,
w tim to This Court, setting forth that he is the IA
ther and heir at law and next Of kin Of Frederick W.
Gale, Esqure late Of Worcester, said County iecea
thaeon about the 21th day Of ptember 1854 The said
Frederick W. and his wife Sarah Gale. and their infant
daughter, passage from Liverpool to New York in
the Steamship Arctic, James @. Luce Commander and
persisted at sea- SAID passage, about the 9Th day
of September 1854 that SAID Frederick " ed and
overved his sad wife and daughter, died unmarried,
and without ssuethat said Frederick W, de-seized
of certain Real Estate in said Worcester also
possessed Of and entitled to Personal Estate great
ue including certain Bank and Railroad Stocks which
had been the properly If his wife while sole which
came TO hm IN the marriage, that said Frederick W.
made his will in 1852 wherein after giving sundry pecuni
airy gaces to other persons he gave as therein set FORTH
therest and residue of his properly and estate to his wife
and any child children he might have, that his will
duly approved in the Proba Court fr said County,
and Joseph Sargent, bysician, and muel b l God
dard Counsellor at law @ere appointed exennrs Of gail
will and Joseph sargent was also apIoih,e, ph.rator
upon tn estate said Sarah Gale wife said Frederick
w. that sad Joseph has accounted for said Stocks as
such administrator in the Probate Court; that said Cyrus
the OF and entitled to the real and personal is
tate OF said e5tator by descent distribution otherwise
his heirs at law and next Of kin subject to the rights
of said Legatees, including said the hands Of the
administrator of said Sarah, that Benjamin D. Whitney,
anmond hitney, Joseph Sargent, and Emily SaI gent
his vile, and Mary Felton, and Julia W. Eeltln minor
children ofCorneus G. Felton, the ers at law & next
of XIX 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 adverse
interested to said Petition; that said James O. Luce of
Yonktrs in the State OF New York, is material witness
for said Cyrus in respect his sad claim and title and
to said Frederick W. surviving his said wife and child
that his evidence is 10 danger OF being lost before his title
betred aud that he DESTROYS pepetuong his tes
timony IN respect his said claim, and prays commits
sioa may ISSUE TO take the Deposition Of said Luce IN re-
laion theret in perpetual regembrance of the thing
Itisnow ordered by the Court that notice be given 20
said Respondents named and to all other persons Interest,"
ed in said cllim and title OF the Petitioner and in the
prayer OF said Petition, appear before Court Of Gem
Pleas holien 1t Worcester, within and for said
Countyo Worcester, on the 10Th day OF February A. d.
1856, to shew II any they have, why the prayer
thereof should be granted by publishing acopy Of the
above abstract OF slid Pet ton and Of this order thereon
week in the Worcester Daily Spy, newspaper print
ed in Worcester ia said County of Worcester and in the
Boston Daily Morning Post, or Daily atlas news papers
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.