The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1869-04-20
Addison County.
IN CHANCERY,

DAVID \ Bennett and
JuSF TERM, 1863 MAJOR WHEELOCK
Sheldon smith, ct Bidport guardian Of B,nm-
min G. Bennett, Of said Brilport having filed in
the Office If the Clerk Of the Court of Chuncerv in
and l,,r the County ui Addison, his bill, setting
forth ia substance that ON the 10Th day ct October
1888, David \. Bennett duly executed @ he said
BENJAMIN G.. Bennett mortgage ceed II certain
land situated in Brtport, described as follows, To
wit: Bounded East by land Of Gurus Allen, South
by llHd formerly owned hV &. Solllce and bv the
highway. West by the highway leading to the
Samuel Tichcuor place, and North by Land Of Shell
don smith and Daniel ElUtiigc, and containing A.
bout 100 acres which said mortgage decd was con
ditOned for the performance by the said David \
Bennett OF the conditions OF a certain bond in the
penal sum of 5000 dollars, which conditions were
that the said David A. Bennett should support and
maintain the said benjamin q. during his natural
life; should, at hi. the said David 1 IS dwelling
house, supply him with all neCe,sayies and com
forts o. life, suitable to hi age and degree should
furnish him with suitable horse and carriage to
use at his pleasure, aud at the deoease Of the said
Benjamin q. pay AL funeral charges and charges
for his sickness aui erect suitable monuments at
his grave and As soon a. practicable after the de-
cease OF said Benjamin G.. pay or cause to be paid
to the legal heirs or representative, of the said
Benjamin q. the sum OF nineteen hundred dollars
in equal shares, and so to their respective heirs,
and furnish the said Benz, C.. with such sum or
sums of money as lac might require for the pur-
pose of j0urneying or travelling abroad 10 visit
his friends or otherwise such sums to be deducted
from said sum Of 1890 dollars and the balance on
~ to be divided among the heirs and representa-
tives OF the said BENJAMIN G.-and further setting
forth that the said David A., on or about tue 10Th
day of October, 1860, became insovcnt aud ON or
about the 10th day OF November. 1860 departed
from this State, aud has since resided in the State
of Ohio, and that from the day of said departure
to the time of filing said bill he has wholly neg
lected and refused TO perform the conditions OF
said bond and further setting forth that the said
Sheldon Smith has been legally apr ontod guarli -
an Of the said Benjamin q. BY reason Of the said
Benjamin q. having become aged and infirm aud
Of unsonnd mind, and that the said BENJAMIN G.
now resides on said mortgaged premises and has
no means Of support except what is derived from
the use 81 the same, and that said use is made
quatO to his support and that an indebtedness to
the amount OF 800 dollars has necessarily been in
CURED in the care and support Of the said Benja
min G., which said Indebtedness is for the reasons
stated, constantly increasing; and further setting
forth that on the 10th day of October, A. u. 1860
the said David A. mortgaged the same premises to
Major Wheeock, ct said Bridport to secure the
payment of 1000 dollars. and praying that the
said David A. and Major may be decreed to nav
to the orator such sum rs may be found due on
said mortgage, and in default thereof may be fore
closed Of all equity OF redemption in the prem-
ises, and for such other reiei equity and the ma
ture OF the case may require.
Now it being made to appear that tho said Da-
vida. Bennett resides out Of this State, so that
subpoena cannot be served upon him. it is ordered
that the said David A. Bennett be required to APP
pear and make answer to said petition on the first
day Of the next stated term OF the Court of Chan
Gerry to be held at Alidllebury within and for said
County of Addison, on the first Tuesday of June,
A. D. 1863, and that the said complainant cause
this order TO be published three weeks successfully
In the Middleburv Re .Sster a public newspaper
printed at said Middleburv. the last OF which pub
hoations shall he at least twenty days prior to said
next term,
Given under my hand at Middebury this 10Th
day of April A. D. 1863.
d. STEWART. Clerk,
STEWART & ELDRTDaE Solicitors. avs