Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-02
Commonwealth of Massachusetts.
WORCESTER, So Cour: of Common Pleas at Worcester,
December Term, 1855.
BENJAMIN D. WHITNEY ": { AIS, respondent.

BENJAMIN D. WHITNEY & AIS, respondents.
E%T HEREAS sail Cyrus Gale has presented his Peti
w t. his Court, setting forth that he Is the fa-
Their ard heir at law and of kin Of Frederick w.
Gale Esquire late of Worcester in said County ed
that on or alb ut the 21h day September 81 lie said
Frederick w and his wife Sarah Gale and their iaft
daughter, took passa from Liyerpo9l to New YorI IN
the Steamship Arctic. James c. Luce, Commander and
persisted at sea, on sad passage about the eth day
OF septem her, 1854 that saul ederck W. ell
overived his said wife and daughter del unmarried
and with suethat said Frederick W., died-sezed
Of certain Real Estate in said Worcester and also
possessed and entitled 10 Personal Estate Of geat val
". Including certain Bank and Hailioad Stocks which
had en- the proper Of his wife while sole and which
came to HIN tina marriage, that said Frederick ".
made his viii in 1852 wherein aer giving sunday pecuni
airy gaces to other persons, he gave therein FORTH
the and residue of his propry AMI estate to his wife
and any child children he might have, that his will
was duly approx in the Pr ba Court fr sail County
and joseph rgent, tysician, and mue B God
dad Counsellor at law appointed e OF said
will and Joseph Sargent also appointed administrator
UPON tn estat OF sal Sarah Gale wife of sail frederick
W., that sad Joseph has accounted for said Socks
such administrator in the Probate Court; that said Cyrus
was the Of, anil entitled the and personal
tate Of said estaor by descent dsrbu ion otherwise
as his heirs at law and Of Kin subj the ri hts
OF aad ltees, including said assets in the han the
administrator OF said Sarah, that Benjamin D. WAitnev
IL lmnond htuey, Joseph Sargent, and Emily Sargent,
his wie and Mary Felton,, Julia ". relt m minor
children OF Cornelius c. Felton,, the hers at law
OF kiI of said Sarah Gale and claim said estate OF said
Frederick W. and said Sarah, adversely to said C,rus
subj to the rights Of the said Legaee and adverse
interested 10 sald Petoni that said james Luce of
fOnkers. in the State of New York. is material witness
for sail Cyrus in respect his said claim ard title and
as to said Frederick W. surviving his said wife and Chi d.
that his evidence Is in danger OF being before his title
can be tried and that he DESTROYS pepetusng his ties.
mony IN respect his said claim, and prays commits.
son may issue TO take the Deposition Of sail Luce re-
laon theret in perpetual re nembrance Of the thing.
1t Is now ordered by the Court that notice given TO
said Respondents named and all other persons Interest,"
ed in said c,im and title of the Pstjner and in the
prayer of said Petition appear before the Court of Gem
msn Pleas nov hC len at Worcester within and for said
County Worcester the 16 h day OF february A. d.
1856 to shew ii airy they have why the PRAYER
thereof should not be granted by publishing copy OF the
above abstract said Pet nu and Of this order thereon
one week in the Worcester Daily Spv newspaper print
ed in Worcester, ia said County OF Worcester and in the
Boston Daily Morning Post, Daily Atlas newspapers
printed in Boston, in the County OF Suffolk the last pub
eaon to b. 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.