Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-08-17

| STATE OF VRRMONT-RUT-
~ LAND, IS.
JANE. NJ r.Sc 4l q &. I n Ss,'f issE
| Whereas Phener P. Vail and Angeline Vail
wife of said Pheper P, OF Orwell, in the county
| of Addison, George NJ. Kidder and Caroline M
klddeT, wife of said George NJ, of Swauton. in
| the county of Franklin, and william FnIler and
Mary A. Fuller hi. wife, of Troy, New York,
| have nled their bill in chancery against James
| III. Necham, Aaron j Ketch4m, and Andrew
| ]. Ketchar, Of Sudbury In the county of Rut-
| land, De Witt G. Walker. Barnard Walker. Ad-
| die Walker, De Witt Walker, Lewis Walker,
Byron Walker, Carrie Walker, Frank Walker,
and James K. Walker, all of Capac IN the ceun-
| ty of st. ClaiT, and State of Michigan.
SETTING FORTH. That said Angelina Caroline
M, Mary A. aud James NJ. Krtcham of Sudbu-
~ aforesaid, and Alkaline Walker, wife of De
Witt G. Walker, of Capac aforesaid, were the
only children and heirs of Barnard Keteham and
Mary Ketcham, his wife, late of Sudbury afore-
| said, deceased, and that ali said children sur
yived both said Barnard and Mary that SAID
Barnard died testate, on the 80 day of March, A.
d. 1856, possessed of \ large estate worth about
fifty thousand dollars that all said property was
devised TO said Mary, aad held by her for the
purpose OF using all hereof that she needed and
the residue in trust for all raid children of said
Barnard and herself; that said Mary made
partial distribution thereof in her life time and
that taid Mary deceased on the 18th dav ofJune
A. ID. 1868, leaving written instrument Claimed
to be her last will and testament, and that the
probate OF said iDstrument is still pending in the
Rutland County Court, aud that the same is in
valid by reason OF undue Influence ; that matters
of difference arose between the orators and the
said James NJ. and Aaron j. as to the division OF
said estates, and If was finally agreed 10 refer all
said matters of difference to the arbitranent and
award of John A. Conant, Roswell Bottum and
Martin G. Rice, by written submission signed hy
all said parties; that after signing said 81 hmi
sion, said Adaline deceased, leaving eight chill
Iran nf Qyad ~
her, TO wit Barnard, Addie, De Witt, Lewis
Byron, Carrie, Frank and James K, ali of said
Capsc; that said Carrie, Frank and James K
are minors, the others being of full age that he
fore the hearing, all thei" names were signed to
said submission By their father, the said De Witt
c., as guardian for sal minors and attorney for
the others; that protracted hearing was had
before said erbitrators, and that said James NJ
and Aaron j. presented large accounts against
both said estates, TO an amount sufficient to alb
sorb them, which We're fraudulent; that their at
torney presented said alleged will of said Mary
before said arbitrators, claiming it to be part o.
the history Of said care, but not claiming that
said arbitrator should be controlled thereby in
the division Of said estates. And further snow
ing that said arbitrators either by reason of par
TALLY for the said James M. and Aaron j. or
through q misapprehension of their duties in the
premises, and in violation of the terms of SAID
treated the said will as valid, and
made the same basis for their award, giving
but mere pittapce of said estat. to each of the
said heirs of said Barnard and Mary, and the res
tdue thereof, amounting to more than thirty
thousand dollars, to the said James NJ 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 NJ. and
aron j. are threatening to sue said orators for
the penalty of said bond.
AND PRAYING, That said award may be set |
aside the defendants epjoined from suene 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 distributed 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, &C.
The said De Witt G. Walker, Barnard, Addie, |
De Witt, Lewis, Byron, Carrie, Frank and James |
K. Walker, residing without this State, to wit : |
Ia the State OF Michigan, so that subpoena can
not be served upon them,
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 holdea at Rut-
and, within and for the county of Rutland. on
he second Tuesday of September, A. D. 1871,
hen and there to answer to said bill of complaint
md for that purpose the said orators shall cause
% be published In the Rutland HERALD, news
PAPER published at Rutland Aforesaid, the sub
tance OF said bill OF complaint, with this order,
hree weeks successfully, the last of which to be
It least twenty days previous to said term of
aid Court, which shall be deemed sufficient no.
ice.
Dated at Rutland aforesaid, this second day OF
HENRY H. SMITH, Clerk.
Briggs Ormsbee and Dunton 4 veazey, So
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