Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-06
Notifies.
Commonwealth of Massnchuse;ts.
WORCESTER, IS. Court of Common Pleas at Worcester
December Term, 1855,
CYRUS GALE, Petitioner

December Term, 1855,
CYRUS GALE, Petitioner,
BENJAMIN D. WHITNEY & AIS. r.s5,nssr,s
NETHEREAs said Cyrus Gale has presented his peti
ten to this Court setting forth that he is the IA
Their and heir at law aud next Of kin II Frederick w
Sas ESQUIRE, ias Of Worcester in said County deceased
that on or alb ut the ooh day Of September 1854 the said
Frederick W and his wife Sarah Gale aud their infant
daughter took passage from Liverpool to New York,
the Steamship Arctic, James c. Luce, Commander and
persisted at sea said passage shout the 9th day
of September 1884, that sad Frederick W. survi ed and
overiyed his said wife and daughter aud died unmarried
and without i5suehat said Frederick W, ded-seized
Of certain Real Estate in said Worcester and was also
possessed of and entitled to Personal Estate great val.
ue including certain Bank and R2ioad Stocks which
had been the properly Of his wife while sole, and which
came TO him mn the marriage, that said Frederick w.
made his will in 1852 wherein after giving undry ecuni
airy gaces to other persons he gave therein set forth
herest and residue Of his property and estate to his wife
and any child or children he might have, that his will
duly approved in the Pr0ba Court fer said County
and Joseph Sargent, MUSICIAN, and Samuel B. l God
dard Counsellor at law appointed executors
will and Joseph Sargent also appointed administrator
tn estate of said Sarah Gale wife of said Frederick
W. that SAID Joseph has accounted for said Stocks
such administrators in the Probate Court; that said Cyrus
was the Of and entitled to the real personal Is
tate of said estator by descent, distribution otherwise
as his heirs at law and Of kin the rights
Of said Lgltees including said ia the hands OF the
administrator OF said Sarah, that Benjamin D. Whitney
HamnoRd Whitney, Joseph Sargent, and Emily Sargent
ms vile, and Mary Felton,, and Julia W. Fet0n minor
children otCornelus c. FELTON, the heirs at law next
of XII Of Said Sarah Gale and said estate of said
Frederick W. and said Sarah adversely to said Cgus
subject the rights the Legatees and are adverse
y Interested to said Petitions that said Jafles Luce OF
Eonkers in the State of New York is material witness
for said Cyrus in respect his said claim and te and
as to said Frederick W. surviving his said wife and child
that his evidence is in danger being lost before his e
can bstfed and hst heis DESTROYS of pepetu5n his es.
tnony N respect to his said claim, and prays commits
sion may issue TO take The Deposition of sa Luce IN re-
laton theret in perpetual remembrance of the thing
Il is now ordered by the Court that notice be given 70
iOt1p
ed in said claim and title of the pttioner and in the
prayer said Petition, appear before the Court of Com
meu Pleas holien at Worcester within and for said
County of Worcester, the 10Th day OF February A. ID
1856, to shew cause if any they have why the PRAYER
thereof should not be granted by publishing copy of The
above abstract OF said Pet ton and Of this order h en
one week in the Worcester Daily Spy, newspaper prnt
ed in Wore ster, in said County OF Worcester and In the
Boston Daily Morning Post, or Daily Atlas negsnanars
printed in Boston, in the County Of Suffolk the last pnb
LEGATION to be seven days before the said I6h day of Feb
ruary A. D. 1856.
Copy of the Petition and Order of Notice thereon.
Attest, JOS MASON. Clerk
CoMMONWE4LTH OF MASSACHUSETTS, =
WORCESTER, S. Court of Common Pleas at Worcester
December Term, 1855.
SAMUEL B. l. GODDARD, Executor Petitioner
BENJAMIN D. WHITNEY, & AIS. Rasnoras,,,
MA HEREAS the said Samuel b. L Goddard, ore of
w the Executors of the las VIII AID testament of
FledsriCk W. Gale, late Of Worcester in SAID County
Esquire deceased for and in behalf of The of ala
te5tator, has pr scented his Petition to this Court senS
forth that said Frederick W, and Sarah his wifeand
their infant daughter, their passage from iivcr, IN
New YORK, in the Steam Ship Arctic James C. Iuce C,,n
mander persisted at sea- about the 9th Il ~ Of sen
temS4r l854-'hat As this Petitioner believes and ayers
said Frederick w. survived and over lived his said f
and daught and died unmarried and without issue and
that Cyrus Gale Of Norb rough in said County his IA
tner Is the hr al law and next If kin Of said Frederick
That SAID Frederick W. died seized of certain zeal s
tate in SAID Worcester and possessed of and entitled In
personal property Of great value that he made his will in
1882 aud alter giving tain pecunary Legaces N other
tltnflf lta
as set forth in his VIII, his wife and any child or chill
dren he might haye-that said will was duly approved
in the Probate Court for said County and osepb SARGENT
physcan ana SAID Petitioner, appointed Execu ors
OF willard that said Joseph Sar. was also annont
eu administrator upon the Of said Sarah she h. n
possessed at the time Of her marriage with IRE f
sundry Bank and Rail Road StocKs which had moi bo
sold al the time Of his deaih-that said Adminisrator
has accounted for said stocks in the Probate Con, ~
question as to whom the in his bands should he
paid oyeror distributed is now pending i'm The S,,r,
Court Of Probate for said County that said CYRUS Gale
as the Petitioner believes the Of and entitled to the
real and personal estate of said estaor ard said assp in
the hands Of said Administrator subject to the his Of
said Legatees other than his said wife and dangbterbat
sad Petition as Executor claims he said assets and bal
aDce in said administrators hands for aud in hebalf he
estate Of said tetor and that said e cuto Are entitled
to the same as part the estate the estator by rea-
that said testaor survived and overliye his said
wife and chidj that the persons adversely interested
against said claim and tile Of the petitioner and of said
| Cyrus are The heirs at law and of kin Of said
Sarah - .fenJdInin ID. Whitney, Hammond Whitney.
| Joseph Sargent and Emily Sargent his wife and
! Mary s. FELTON, and julia ". FELTON,, minor chill
dren0f Cornelius G. FELTON,, who make claim to said as
sets n the hands Of SAID Administrator to the estate
oil SAID tesator subject to the rights said Legatees that
said James c. Luce of Yonkers in the State of New
fork is material witness in support the SAID claim
and title Ct the Petitioner and said Cyrus that his evil
de &c sinportan and is in danger Of being lost before
title can be triel that your Petitioner is DESTROYS of per-
peuatng the testimony of said Luce in respect to sa
Claim and e and as to said sators surviving and over
Rvig his said wife and daughter wherefore he prays a
commission lny issue 10 take the deposition of said Luce
in relation thereto III perpetual remembrance of the thing
u IS no" ordered by the Court that notice be given to
SAID Respondents and to all other persons interested
In sad 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 Couu-
! ty OF Worcester, on he sixteenth day of February
A 1856 TO shew if any they have the pya "
er thereof should not be granted by publishing an attest
ed copy Of the above abstract al 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 Morning Post, or Daily Atlas newspa-
pers printed in Boston, in the County Of Suffolk the last
publication to he seven days before said 10Th day Of Feb
| airy, A, D. 1856
Copy of the Petition and Order of Notice.
Attest: JOS MASON Clorl,
teD' i Io0o- div