Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-02-06
h, w, HOPKINS, clerk.
CH,EiTs e. Dewey, Atty iol nm. iw3w
STATEoF VERMONT, RJTLANI

thRtIs byEl, In ,inuccry,
" -,th JAM lNts.
JtNirS BrEr,
wuGrA,. Alpha H. Post OF Rutland. in the
County Of Rutland, aigr',aii, Administrator OF
The estate II Charlie, burt late % SAID Rutland
deceased, hath hlpl IA ghanucry ms bill IT 1otg-
plant against James Bur. OF Palatkl, IN 'hr
state ut FLORIDA.
SErrj<a Fu,lu. That on Tho as,h dayof August
lNGu, tbs sali charlie, Burt, nos dgrc.l,,,i, cum
Signed tnd delivered TO one james Burt, the DC-
icniaut quantity of goods aud mtrrhaudrs.',
amounting TO the sum q s.,j91 ~, 10 al and dis
pose OF and account 10 HIM iur the same.
That the SAID James Burt took possession Of the
.ali property ana forwarded the same to the STATE
OF Florida, and sold and disposed thereof for the
sum Of seventeen hundred aud nity-eigh, dollars
and eighteen cents.
That on the DAY OF April. ls6l, the said
harlrs Burt died, leaving seven children, and
the representatives vi two daughters, deceased /,
among which Cklllrpn i the said Defendant
Ihathe left also a will of which the sand Defend
ant was Executor and rusiduary legatee, which
will WAS duly proved by the Probate Court.
That the SAID Executor residing without TIN.
state different administrators were succe-siyyly
appointed, who faiud TO fully execute said trust
and 10 effect settlement with the said Def nd
tII,, until on the 10th day Of December, lSG4 the
orator Was appointed administrators with the VIA
annexed, who accepted said trust and l. now the
Administrator De tJtts non, with the VIII au-
uCNe,l.
lilAt l}t SAIL Defendant mas never accounted
ion SlIi goods, &c, To the SAID Charles Burt in IN
ule time, to ANY Administrator Of said estate.
That the awaits OF the SAID goods. &c., grcatly
cNecete tine amount ui the Defendants interest N
the said estate rt,Idutry ltgatec, otherwise.
But that the said Defendant has. tho sale Of
said gp5i~, Sc, resided, and stlll does reside be
yuui tile reach Ut process nom tfo courts OF tins
state, To Wit IN the STATE OF Florida, and has no
known property or estate within tins state, that
can BE- teashrd 10y the ordinary process Vi law.
AND iANNtSG that the sa!d Defendants be- de-
creed and cnlolnel from prosecuting any claim
upon SAID estate or the Administrator thereof I'M
al he shall! account for the ayaIls OF sand goods
and murcAludisc, OF that the said claim OF the
,1ld defendant may be set Of against tine amount
Tue from sand Defendant 10 SAID estate and 9TH
rrWIs. fully make answer to this Mll OF complaint,
&c, a. appears by said bill on tlg.
The sad Defendant residing without this state
SO that no subpoena can BE- served upon HIM:
II Is ORDERED, That he he notified TO appear
On th' iis day OF the next term OF Of said court
70 be held ~ Rutland, III the County of Rut-
land aforesaid, un the second Tuesday ut Malch
\. D., lists, then and there to answer thereto
and Ton tin, purp,,9 the complainant; shall cause
the substance OF sad bIl, with this order, 10
be- published tlrce weeks sure SsiNely IA the l,u;-
land Herald, printed at Rutland aforesaid, the
last Of which shah be a least twenty days before
,tld term, which shall b. legml sufficient no
tice.
. Dated AT Rutland aforesaid, tins 18th day at
January \, E.l>ss.
+. ". HOPKINS, Clerk.
MEssGs. EpuEEIvS y NICHOLSON, solicitors.
IL