The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1869-04-13
Addison County. SHELDON SMITH Guar
dian of BENZ. q. BENNETT,
IN CHANCERY, VS..
DAVID A BENNETT and

N.
Sheldon smith, OF Bridport, guardian Of Benja-
min G. Bennett, of said Bridport, having filed in
the Office of the Clerk Of the Court of Chancery In
and for the County of Addison, his bill, setting
forth in substance that on the 10th day OF October
1858, David A. Bennett duly executed to the said
BENJAMIN g. Bennett a mortgage deed OF certain
land situated in Bridport described follows, to
wit, Bounded East by land Of Cyrus Allen, South
by land formerly owned by Z. Sollace and by the
highway, West by the highway leading to the
Samuel Tichener place and North by land OF Shell
don Smith and Daniel Eldridge, and containing a.
bout 100 acres which said mortgage deed was con-
ditioned for the performance by the said David A.
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 g. during his natural
life. should at his the said David A - dwelling
house. supply him with all necessaries and COM
forts OF life suitable to his age and degree should
furnish him with suitable horse and carriage to
use at his pleasure aud at the deeease OF the said
BENJAMIN q. pay all funeral charges and charges
for his sickness and erect suitable monuments at
his grave and as soon practicable after the de-
cease Of said benjamin Il. pay or cause to be paid
to the legal heirs or representatives OF the said
BENJAMIN G. the sum OF nineteen hundred dollars
in equal shares, and SO to their respective heirs
and furnish the said Benz. G. with such sum or
sums Of money he might require tor the pur-
pose of Ourneying or travelling abroad, to visit
his friends or Otherwise such sums to be deducted
from said su OF 1900 dollars and the balance on
ly to be divided among the heirs and representa-
tiyes OF the aid benjamin G.-and further setting
forth that the said David A., ON or about the 10Th
dav of October 1860, became insolvent, and on or
| about the 10th day OF November, 1860. departed
from this State and 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 pointed guard
an of the said BE njamin Il. by reason OF the said
BENJAMIN q. having become aged and intirm and
| of unsonud mind, and that the said Benjamin G.
| now resides on said mortgsged premises, and has
| nc means of support except what is derived from
| the use ST the same, and that said use is made
| auate 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, Tor the reasons
stated, constantly increasing; and further setting
forth that on the 10th day of October, A. d. 1860
the said David A. mortgaged the same premises to
| Major Wheelock, OF said Bridport, to secure the
payment OF 1000 dollars PRAYING that the
said David A. and Major may DO decreed to pay
to the orator such sum as may be found due OF
said mortgage, and in default thereof may be tore
closed Of all equity Of redemption in the prem
ies, and for such other relief equity and the na
ture OF the case may require.
Now IL being made to appear that the said Da
wa A. Bennett resides out OF this State so that
subpoena cannot be served upon him. 1t is ortcreJ
| '''N' tho saiu OaNtu a. Deunott bo fequiicu 10
pear and make answer to said petition on the tirs
day Of the next stated term of the Court Of Chan
Gerry to be held at Mddlebury, within and for said
County of Addison, on the first Tuesday OF June
A. d. 1869, and that the said complainant cause
this order TO be published three weeks successfully
in the Mddlebury Register, public newspaper
printed at said Niddebury the last Of which pub
locations shall be at least twenty days prior to said
next term, 80,
Given under my hand at Mddlebury this lott
day Of April A d. 1869 ,,,,r, nm ~,
STEWART & ELDRrpoE Solicitors. avs