Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-01-26
TO THE HON. PROBATE COURT.

within ana Ior the District OF Rutland, IN
the State of Vermont.
The undersigned, Mary j. McDapieIs. admin
istratfix of the estate eff Isaac MeDaniels late of
Rutland, in said district, deceased, respectfully
represents that the said Intesi ate in his lifetime
did enter into certain contract in writing with
Alonzo Smit of Pawlet, in the county of Rutland
bearing date on the Sd of November l862-in and
by which the intestate agreed TO and with the
said smith, IN substance that be the said intes-
tate wou d sell aud convey TO the said smith a
certain farm situate in said Pawiet, on which the
said Smith then lived consisting OF about fur
hundred acres, for a consideration which amount
ed, on the first Of April, A. D., 1868, TO the sum
of six thousand eJghty-five collars and eight
cepts-the annual interest thereon from said date,
and taxes to be paid by said Smith until the first
of April. l5sS-with the right IN said Smith u
mas e payments applicable upon the principal at
bis option, and when he should have paid two
thousand dollars of the principal be was to re-
ceive deed OF the PREMISE and execute mort
gage back to secure the residue of the purchase
money in such amounts and times of payment as
he might choose.
Your petitioner further represents that there re-
maius due, of said purchase money, about the
sum of tifty-pine hundred dollars, which the said
Smith desires to pay and secure, as cOntemplated
by said contract.
Your petitioner further represents that the
said smith and those under him. bave been in
the possession OF said premises from the making
of said contract to the present time-elalniDg
under SAID contract.
And your petitioner further represents, that
into another certain contract In writing with
Marshall Brown OF said Pawlet, bearing GATE on
the 2Sth day of November, A. ID. 1882, whereby
he said intestate agreed TO and with the said
Brown in substance that he, the said intestste,
for the consideration of four hundred collars
thereafter to be paid by the said Brown, would
of tnirty acres off the north end of the farm then
occupied by Alonzo Smith, described In SAID con
tract as follows, viz: "Commenclng on tne
southeast corner of Marshall Browns land at
4 It, a Tard1
"to a beach Saddle in - corner - fence thence
running westwardly l60 rods to stake and
"stones to John Lewis land thence nortbwardly
$50 rods to a stake and stone; thence eastwardly
$3.50 rods to the place OF beglnnlng-contalnip
s30 acres more or less 1T being provided IN
said contract that said Brown was to take lIme-
date possession OF said land and pay interest an
nually on four hundred dollars, cJmmenclDS Cd
the first OF April, IS63-and pay all taxes on SAID
land assessed from said last mentioned date, ano
on receipt of warranty deed OF said land. was 10
pay the said intestate four hundred dollars, ano
that said interstate failure TO procure for sale
Brown a good, sufficient warranty deed OF said
premises within one year after the estate OF the
late James McDaniels should be settled, was To
pay said Brown all the damages he might sustain
in moving and erecting fences, improving said
land and all taxes paid out after deducting the
use CT said land.
And your petitioner further represents that
said Brown in the lifetime of said intestate MADE
sundry payments of interest and taxes, and that
he took and has ever since retained procession OF
SAID ldnQ 0nQeI Sdiu COuIIdCL1 duu Ii IL" AN"Ny
ADD willing to perform the same on his part.
There is now cue from said BroSn on said con-
tract as your petitioner is informed aud believes,
about the sum of five hundred dollars.
Whereupon your petitioner prays the salo
Court to grant unto her, license and auth Ilty 70
convey said premises to the SAID Smith ano
Brown respectively IN accordance with the terms
and conditions of said contra cs with each OF them
respectively, with such variations theretr"m as
shall be agreed upon by the respective parties and
approved by said Conrt-agE eeably to the statue
IN such case provided. -
MRS. MARY j. MCDANIELS.
Rutland, January 2, 1871.
State of Vermont, It is ordered by the Pro-
District of Rutland, SIS. bate Court for said dis
trict, that all persons concerned, be notified to
appear before said Court at a session thereof 10
be holden at the Office of the Register OF Probate
in Rutland in said district the first day OF Feb
ruary, a. ID. 1871, to show cause, if any they have
why the pray of the foregoing petition should
not be granted; and, for that purpose, that the
said petition, together with this order, be pub
lished in the Rutland HERALD, printed at said
Rutland three weeks successfully previous to
said first day OF February, A. ID 1871.
Given under my hand at Rutland aforesaid,
this day OF January, A d. 1871.
WALTER G. UUNTON, Judge.
2:V3y