Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-01
BENJAMIN D. WHITNEY, / AIS, Respondent,

BENJAMIN D. WHITNEY, & AIS, Respondents
ETT HEREAS the said Samuel B. l. 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 the estate of said
testaor has pr scented his Petition this Court setting
forth that said Frederick w. and Sarah Gale his wife and
their infant daughter, their passage from Liverpool 10
New York, in the Steam Ship Arctic James c. Luce Com.
mander, peredat sea, about the 9th day of Sep
tember, 1SA4Zhat this Petitioner believes and ayers
said Frederick W. survived and lived his said wife
and daughter and died unmarried and without issue and
that Cyrus Gale Of marlborough in said County his IA
ther Is the heir at law and next Of Kin Of said Frederick
W that said Frederick W died. seized Of certain READ es
tate in said Worcester and possessed entitled to
personal property Of great value that he made his win in
1882 aud alter giving certain pecuniay Legaces to other
persons he devised and bequeathed the of his estate
set forth in his will his wife and any eid or Chill
dren he might have-that said will duly approved
in the Probate Court for said County and Joseph SARGENT
physician, and said Petitioner appointed Executors
ofthe wlnd that said Joseph Sargent also appoint
ed administrator upon the estate of said Sarah she being
possessed at the time of her marriage with the tsator of
sundry Bank and Rail Road Stocks which had not been
sold the time Of his dealh-that said Administrator
has accounted said stocks inthe Probate Court the
question to whom the assets in his hands should be
paid over distributed is pending in the Supreme
Court Of Probate for said County that said Cyrus Gale
isa the Petitioner believes the Of and entitled to the
real and personal Of said tesstor and said in
the hands of said Administrator, subject the rights of
said Legatees ether than his said wife and daugherhat
SAID Petition Executor claims the said and bal
ance in said administrators hands for and in behalf Of the
estate OF said testator and that said entitled
to the part the OF the testator by rea-
that said estaor survived and oYerlve his said
wife and child that the persons adversely interested
against said claim and tile of the petitioner and Of said
Cyrus, the heirs at law and Of kin of said
Sarah - Benjamin D. Whitney, Hammond Whitney
Joseph Sargent and Emily Sargent, his wife and
Mary s. FELTON, and Julia W. Felton, minor chill
dren Of Cornelius c. FELTON,, who make claim to said as
in the hands of said Administrator and to the estate
Of said tesator subject the rights said Legaes that
said James O. Luce, Of Yonkers m the State of New
York, is material witness in support of the SAID claim
and title Of the Petitioner aud said Cyrus that his evil
de important and in danger Of being before said
title be tried, that your Petitioner is desirou per-
peuatng the testimony of said Luce in respect to said
claim and title and to said tesator surviving and over
living his said wife and daughter, wherefore he lrays
commission may Issue take the deposition of said Luce
in relation therep in perpetual remembrance of the thing
1t is ordered by the Court that notice be given to
said Respondents, and to all other persons interested
Petition, to appear before the Court of Common Pleas
now holden at Worcester within and for said Coun.
~ Of Worcester, on he sixteenth day Of February,
A. d 1896 to shew cause if any they hayewhy the pray
er thereof should not be granted by publishing
ed copy Of the above abstract Of said Petition and of this
order thereon, week in the Daily Spy newspaper
printed in Worcester in said County of Wurceste and in
the Boston Daily Morning Post, or Daily Atlas, newspa-
per printed in Boston, in the County of Suffolk the last
publication to be days before said 10Th day Of Feb
anV, A, D. 1856.
a Copy of the Petition and Order Of Notice,
Attest' JOS. MASON, Clerk.
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