The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1866-02-13

+
a.ss.sp " w. a,a. "a 44etei ~ ss.lsi sae
s'ees essi aak1l g. baHns. lie a1t sass
bssfl sas
EaHg = rs Ect If1tf5 Esaftefs p
Cetfa 1aa vasaH 81 tcal from tbs atefes q
shs Probate Cssft 'st ghe ats,res q Manchester,
sigsdsing 81 .usfaasrht 10 vrtiisg. presented
g. gfssass. - ais rs vs., aad sesamea, q Seth
p 0o5a, g . aiyrmsl spl ssa.ll aai nei
eutel y pretat ne de.res Z tbt Probate
+ coari a. sssiaiaei y pc yofaa JalseneB, q
shf cesal Court, 90 vii lhs appellant except
~, sna lhs case "a, p.ssfi q tbs sagrsae Cour,
g. fcis,en Il ~as usasi At tas lls, ieua q
,As s5lrete Court ~ The Julse- ressr,,d their
'!rzlsiaa aal apa.iy ordered i rear ssaegi, As
tie sass Is sas u saRiier.bls interest .nl s,-
PVrsahss. ~ hASe itgpS.i atstto sirea Rofe e.,
.epaeiFefsu y I, iAaa w@s gir,e >, sbe yms q
ihs Aos hearag.
SETH d Goel.e s.i ne soa II a,liam Cor
dga. aud bad n.ain ' lived siIh his uncle. Seth
TasUr, IT,. Of wiuhal. unid the sprin, " 1867.
Hlisa b. sent 70 Worcester, Aiss On tbs "a u
September. ls62 he s..issc,l a, that place ia the
Jiss rsgimsni of Massachusetts, volunteers. On
The 29sh " The Eaine mongh, while IN camp With
i'is regiment near Worcester. he made the writ
ing IN question. which was Witnessed BY only two
persons. aud vas Of the following purp0rt-Ihat
Il be shoal9 die BY disease Of be killed before his
term II enlistment expired, his fitber Vas 10 bave
= I2g " h.s property. aui Emily 4 Vnnl euSer
the remander. unless she WIS married or likely
70 be. in which case il was to be divided equally
among his four sisters o. the Goth VI N0ftm
Ter. 1852 the regiment lcft Worcester aud went
10 Nesteru Ia the State n North Carolina. u hie
the regiment vas theye Sc b Taylor. Jr., wr,te to
Gofdon iuquiring whether he mean, 10 give his
fliher $40 10 addition 10 he two notes he held
against HIN fot that sum. OF only tie amount due
on the notes To which Gordon rel Eel thai be
thought his viii would explain itself. but il il iii
not, he meaut his father should have the notes
and nothing more. The regimen, rcmiiLed in the
vicinity d Nw1cru uatil July, 1868. When tire
the regiment reached Boston, Gordon WIS unable
from sickness to proceed further, aud died there
on tie 18Th o. July, without having been dis
charged from the service. The regiment was
mustered out u Woreest = IN The mouth iOIlovins
The principal question made VAS as = the eon-
suuolou Of The 9,h section d our statute Evils,
which excerpts from tho requirements Of the gen
eral act soldiers 10 actual military service. lhis
statute MAS taken from tbs lngish statute Il wills,
aud lhe important words II the section IN relation
to soldiers tes,amsuIs we're oopiel frJm the Z j.
man lar. InbthafofiAe appellant il was ecuieDded
the exception included ali persons actually 10 the
service 10 times Of war .Onthe other hibd il was
commended that thc words referred only to those
who were aeta4ily upon an tpeIition agains, tie
snemy be provisions q tie tdmun law aud the
yarious eases decided under The statue ii Eng
land. were urged 10 fiyor Of bo'h positions /,
was also couterdel Oh Z part Of tie appellant
that ifthe deceased was not within the provisions
Of the OH section when Al Worcester, he certain
y eas when Al Nenbern an hat II The itstra-
mett mh1e at Worcester was uot Of itself entitled
10 PROBATE, the manner ia which The deceased re-
ferfci ,oit IN bis Letter % Seth Taylor was suili
Gent to make itayaiil sin nom thu, time Il
was u ged however Oh The aher side, That frou,
the case il l.d not appear ihit the deceased vas
any n9e within The provisions q The 3 Ii SCOT On
At Nswtcrp that at Noreeaer; bur thar il he Was.
there Was nolhiog u the letter written from The
latter place from which the necessary aaiNus
iesiePdi esuld se gathered II was iaHLcr con
tended % TIC Psrtof The defendant tlal The Viii
was 70 AXE eject only in ease he died OF Was Killed
before bis term d enlistment expired, aud that
the osnuREeaeJ Asa never hapnsned. and lhstths
Wall HasasheseloFe Heps@uye AMI aEoiL 1As
judges Nsrs saabls eagrcs and tie case was sent
70 the general tern Al Montpelier Or resrs alneat
Butler 4 Wheeler for plaintiff Miner Aad Bar
ton for defendants
Seth Taslor ei al E. Samuel B. Dean Il AZ
The case was argued at the last term Of the So
prsme Court. bur not desided. Judgenentsf the
Ceaa,y Court reversed and judgement rendered
for the defendant Burton aud Butler 4 Wheel
er ict plaintiff Miner 6 Pinile COR defen ants.
Lohsf Park $ $. Pratt aid Thomas RI
dfie. This shss was an action II ejsctmehi 10 re-
cover the possession 81 small parcel 81 land Ia
tie village Of 5ehning,oa By agreemeu, Of par.
ties, the case was referred to II. Garfield The
referee fund ~ the plaintiff 70 recOver the en-
tire piece q land ualess tie eonrt we're Of Ger.
tain opinion concerning tie previous conyeyanecs.
and ia tha, case for the plaintiff 70 recover only
part efthe piece. Upon this repor, the County
Court decided that the plaintiff vas entitled to
,he sn,ire piece aud rendered judgement accord
ingy; to vheh the defendan, excepted and the
case Eas passed. 10 The Supreme Court, Tie jal-
gensn, q the ceup,y Court Vas affirmed ia an
orinion delivered y Judge Peck Lyman fyr
plaintiff; sibley AMI Alsacham fr defendant,
Caafis o, HsH : Hccior Hiaeadl This
wasa aeiion q debt ca Judgement rendered in
fAs0r y lhs painiia Is The Court q Common
Pleas q Tie Commonwealth u Massachusetts. il
osiobcr 1875, This salt sas hroaght aud the
properly u The defendant ia the town ofsiauforl
attached. 10 ssplsnber 1862 10 0c.ober lss3.
shs dslshdaUl became "a insslseai ander the laws
q Massachusetts. Ii vas esnisndea &C behalf q
tAe deseadaas ,Aai Bis ! seharee from bis debts
aBAsf shs iasolseui iaws " Massachusetts, MAS :
bar 70 any aetou u this State. sht cause q which
existed isiors tie pfoceeiinxs which resulted in