Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-08-10

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> LAND, 81.
PHENER P. VAIL ct oIs ,r,.u.uy
Whereas Phener P. Vail and Apgeline Vail,
wife of said Phener p, OF Orwell, in the county
of Addison, George NJ. Kidder and Caroline NJ 4.
Kidder, wife of said George NJ, of Swantou, in
the county of Franklin, and William Fuller and
Mary A. Fuller his wife, of Troy. New York.
have dled their bin in chancery against james
J. Keicham, Of Sudbury, in the county of Rut-
land, De Witt C. Walker. Barnard Walker, Ad-
die Walker, De Witt Walker, Lewis Walker,
Byron Walker, Carrie Walker. Frank Walker,
and james X. Walker. all of Capac, in the c0uu-
ty of st. Clair, and State Of Michigan.
SETTING FORTH. That said Argeljup, Caroline
NJ, Mary 4. and James 81. K-trhaTn OF Suihu-
ry aforesaid, and Alkaline Walker, wife ii De
Witt &. Walker, OF Capac aforesad, were the
only children and heir5 OF Barnard K-tchau and
Mary Ketcbam, his WIFI late of Sudbury afure-
said, deceased, and that alt said children sur
vived both said barnard and Mary that sad
Barnard died te.tate, on the Sd day of March, A,
d. 1856, possessed of large estate, worth ABOUT
fifty thousand dOll=rs that all said property was
devised TO said Mary, aod held by Der for the
purpose OF using all thereof that she ne edet and
the residue in trCst fr all rad children of said
Barnard and herself that SAID Mary made n
larts Distribution thereof in her life time and
that 'aid Mary deceased on the 18th daT of June.
A. ID. 1868, leaving written instrument c aimed
to he her last will and t'Uf ann Mt, and that the
probate of raid instrument is still pending in the
Rutland County COur', aud that the same is in
v lid by reason of undue II tlpeuce that matters
of difference arose between the orators and the
said James NJ. and Aaron J.. IS t0 the division OF
said estatea and il finally agreed refer all
said matters of difference to the Arbitrame and
awa'd OF John a Copant, Roswell BOtrum and
Martin G. Rice, ~ written submission signed by
all said parties; that after s'gning said 81 mi
| sion, sald Adaline deee4sed, Ieavirg eight chill
dren Of herself and sad De Wit G surviving
her, 10 wit Barnard, Adobe, De Witt, Lewis,
Byron, Carrie, Frank and james k all Of SAID
Captc ; that said Carrie, Frank and James X
minors, the otheTs heing of flu age that be
fore the hearing, all thei" names Were signed to
said submission by their father the said De Witt
O., as guardian for sal mipors and attorney for
the Others that a prOtractes hearing was had
before said arbiuators, and that said james M 4.
and Aaron j presented large accounts against
both said estates, 10 an amount sufficient to alb
sorb them, which Were fraudulent; thst their at
toruey presented said alleged will OF said Mary
before said arbitrators, claiming it to be part OF
the history of said case, but not claiming that
said ar bitrators should be controlled thereby in
the division of said estates. Ard further snow
ing that said arbtrators either by reason of par
TALLY for the said James NJ. and Aaron j., or
| through misrepresentation of their duties in the
premises, and in violation of the terms of said
submission, treated the said will valid, and
made the same basis for their award, giving
but mere pittance of said ESTATES to each of the
said heirs of said Barnard and Mary, and the
idue thereof, amounting to more than thirty
thousand dollars, to the said smes M. and Aaron
j. that all the parties TO said submission there
by severally bound themselves to each other in
the sum OF five thousand dollars for the perform
ance OF said award; that said JAMES M. and
aron j. threatening to sue said ora tors for
the pen .lty OF said bond '...t.... ......' e..
AND PRAYING, That said award may be set
aside the defendants erjoined from sueirg said
bond /; that said james NJ and Aaron j. may &C.
count for all the property of said Barnard, held
in trust by the said Mary, not distributor by her
in her life time which has come into their hands,
and that the same may be distributed to the par
ties entitled thereto, and for further relief sc.
The said De Witt @. Walker, Barnard, Addie,
De Witt, Lewis Byron, Carrie, Frank and James
X. Walker, residing without this State, to wit
IL the State of Michigan, so that subpoena can
not be served upon them, .,.s -,.,- f.. s-,s
1t is ordered that they, the said defendants, be
required to appear on the first day of the next
stated term of said Court, TO be hodea at Rut-
land, within and for the county OF Rrtland. on
the second Tuesday of September, A. ID. 1871,
then and tn TO answer to said bill of complaint,
and for that purpose the sand orators shall cause
to be published IN the Rutland HERALD, a news
paper published at Rutland Aforesaid, the sub
stance OF said bill of complaint, with this order,
three weeks successfully, the last Of which TO be
at least twenty days previous to said t,rm OF
said Court, which shall be deemed sufficient no.
tice. y <-'' -
Dated at Rutland aforesaid, this second day OF
HENRY II SMITH. Clerk.
Briggs Ormsbee and Dunton 4 Veazey, So
licitors. = rt dld&wno32&33