The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1869-04-20
SHELDON SMITH Guar.
dian Of BrNJ. q. BrNNETI.
vs..
DAVID 4 BENNETT ant
MAJOR WHRELOCk

Sheldon Smith, 0t lridport, guardian OF Ben1-
min g. Bennett, of said Bridport, having filed in
the office of the Clerk Of the Court of Chancerv in
aud ter the County ct Addison, his bill settiu.
forth in substance that ON the 10Th day ct October
lSJS, David ~ Bennett duly executed TO the said
BENJAMIN G.. Bennett a mortgage deed 1t certain
land situated in Bridpurt, described as follows, IT,
Wit Bounded East by land Of Cyrus Allen, South
hv land formerly owned bN &. Sollace and by the
highway West by the highway leading to the
Samuel Tchenor place, and North by land Of Shell
don Smith and Daniel Ehlrilge, 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 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 his, the aid David As dwelling
house supply him with all necessares and com.
forts OF life suitable 10 his age and degree -shoud
furnish him with q suitable horse and carriage L.
at his pleasure, aud at the decease of the said
Benjamin q. pay all funeral charges and Charge
for his sickness, and erect suitable monuments at
! his grave and soou practicable after the de
cease of said Benjamin q. pay or cause to he paid
| to the legal heirs or representatives of the saul
| Benjamin q. the sum of nineteen hundred dollar
| in equal shares, and to their respective heir.
| and furnish the said Benz. G.. with such sum OF
| sums OF money he might require Tor The pur
| pose Of journey ing on travelling abroad, to visit
his friends or Otherwise such sums to be deducted
from said of 1900 dollars, and the balance OF
| h.
| tives OF the aid Benjamin G.-and further setting
forth that the said David A., on or about the 10Th
day OF October, 1860, became insolvent, and on II
about the 10th LAY VI November 1860. departed
from this State, aud has since resided in the Stall
| OF Ohio and that from the day OF said departure
to the time of filing ssid bill lie has wholly me-.
1 lected and refused to perform the conditions oi
said bOnd,-a further setting forth that the sait
Sheldon Smith has been legally apr Ointed guarl
an of the said Benjamin c. by reason OF the salt
ha.i a nd inf
4 OF unsonnd mind, and that the said Benjamin q
I now resides ON said moItgas,ed premises, and ha
! no means Of support except what is derived from
The use Il the same, and that said use is made
quate 10 his support aud that an indebtedness h
/ the amount Ol JOJ dollar has necessarily been IN
Cured in the and support of the said Benja
min t., which said Indebtedness IS for the reason
stated, constantly increasing; and further setting
forth that on the 10Th liA al October, \. u. 1864
The said David A. mon sss.eel the same premises Il,
Major Nheeock, q, said BTidpOTt, to secure th,
. payment OF 1900 dollars, and PRAYING that Il G
said David 4. and Major may lie dtcreed to pa,
to the orator such sum as may he found due ou
said mortgage and in default thereof may be tore
closed uf all equity ul redemption IN the prem
hes and for such other rclici equity and the Ma
lure ol The ease may require.
Now il being made la appear that the said Ia
Nid 4. Bennett resides out oi this State 81 that
subp@us cannot he served upon him, it is orderei
that the said DsN Id ~ Bennett he required to Alb
pear and make answe to aid petition ON the first
dsv of the next stated term ot the Court Of han.
Gerry to he held at Midjebury, within and Tor sal I
! County OF Addison, oH the tr Iue,day of June
! 4. H. 1869, sud that the said complainant cans,
this order 10 he published three weeks successivel,
IN the Middlebury REGISTER, public newspapeg
printed at said Midllrburv, the last Of which pnh
kcstions -'sll be at lest twenty days prior to aid
ueNt term,
Given uu,ier my hsnd Al Middleburv this 10th
day Of April, 4. u, 1869.
ID. STEWART. Clerk.
SrkwABr ELpHIbGh Solicitors. SwS