Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-05

BENJAMIN D. WHITNEY, & AIS, Respondents
ENTHEREAS the said Samuel 0. /. Goddard, one Of
Wv 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
tesator has presented his Petition to this Court setting
forth that said Frederick w. Sarah Gale hs wiseand
their infant daughter their passage from Liverpool to
New York. in the Steam Ship Arctic, James c. Luce Com
mander persisted at about the 9th day Of Sen.
TENDER, iS54hat as this Petitioner believes ana ayers
said Frederick W. survived and ovenived his said wife
and daughter aud died unmarried and without ISSUE and
that Cyrus Gale Of Marlborough in said County his IA
Their is the heir at law and next Of kin Of said Frederick
W. that said Frederick w died. seized of certain real
tate in said WORCESTER and was possessed Of and entitled to
personal property Of great value, that he made his will in
1857 and alter giving certain pecunary Legacies to other
persons he devised and bequeahed the Of his estate
set forth in his will to his wife and any child or chill
dren he MIGHT havethat said will was duly approved
in the Probate Court for said County Joseph Sargent
physician, and said Petitioner appointed Executors
Of the will that said Joseph Sargent also appoint
ed administrator upon the estate Of said Sarah she being
possessed at the time Of her marriage it'll the tesator Of
sundry Bank and Rail Road Stocks which had not been
sold at the time Of his deaththat said Administrator
has accounted for said stocks in the Probate Court the
question whom the assets In his hands should be
paid distributed now pending in the Supreme
Court of Probate for said County that said Cyrus Gale
sas the Petitioner believes the owner Of ard entitled to the
real and personal estate Of said tesator and said assets in
the hands of said Administrator subj to the right Of
said Legatees,oher than his said aud daughterhat
said Petition Executor claims the said and bal
ance in said administrators hands for and in behaof the
estate OF said tesatOr and that said cuors are entitled
to the part Of the estate OF testaor BY ra-
that said testator survived and oyeryed his said
wife and child that the persons adversely interested
against said claim aud title Of the petitioner and Of said
Cyrus, are the heirs at law aud Of kin Of said
Sarah - Benjamin d. Whitney, Hammond Whitney,
Joseph Sargent and Emily Sargent, his wife, and
Mary 8. FELTON, and julia w. Felton,, minor chill
dren Of Cornelius c. Pelton, who make claim said
sets in the hands of said Administrator and the
Of said subject the rights Of Legatees that
said james Luce Of Workers. n the State Of New
York. is material witness In support OF the said claim
and title Ct the Petitioner and said Cyrus, that bis evil
derce important aud is in danger o being lost before said
title be tried that your Petitioner Il DESTROYS Of per-
petuatng the testimony OF said Luce In respect 70 said
claim and title and as to said tesatcrs surviving and oge.
living his said wife and daughter, wbereors he prays
commission may issue take the dep sltoh Of said Luce
In relation Their in perpetual Remembrance q the thing
Il IS now ordered by the oSrrt that notice y gwen g
In sand claim and title and q ne matter OF said
Position, appear before The Court q Common Pleas
now holden al Worcester, within ard for said Coun.
~ of Worcester on he sixteenth day Of February
A. d. 1866 shew cause any they have why the pray.
thereof should not be granted oy publishing an attest
order thereon week in the Daily Spy, Newspaper
printed in Worcester IN said County Worcester and In
The Boston Daily Morning Post Daily Atlas newapA-
pers printed in Boston, ia the County Of suToF tic last
publication 20 days before said loh day fFeb-
- Copy Of the Petition and Order or Notice.
Feb /, 1856, 49, div
6NOPAkrN NOTIC E.--Tns sub
~ scribers having formed copartnershlp under tho
title Of A. pkAsLEE Co, would respectfully solicit
continuance of that patronage which has heretofore been
SO literally bestowHd the senior partner They will
continue 10 10 keep on hand Meats Vegetables ac the
best the market AFFORDS, which they will dispose Of cheap
for CASH. A. PEAsLhh
Worcester, Nov. q 1855. sI AftA d0
MrOTIC E.-rhe subecribsf having made a. change
IN In his business by taking pnrner. would hereby
give notice that all accounts due him must b. setsd i'm
mediately. A. fkASLEB.
1TTTy-t06 bashs1 nice, 10 store, add iSTSais Gv
~ Ts& !. SUTTON,
ja1A du Mechanic nirosl