Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-01-19
YegaI 9ottfes.
TO THE HON. PROBATE COURT,
II L.. n

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l. within and for the District OF Rutland, in
the State of Vermont.
The undersigned, Mary }. McDaniels, admin
istratrix of the estate eff Isaac MeDanies late Of
Rutland, in said district, deceased, respectfully
represents that the said intestate, in his lifetime
did enter into a certain contract In writing with
Alonzo Smith of Pawlet, in the county OF Rutland,
bearing date on the Sd of November, lS62-in and
BY Which the intestate agreed to and with the
said Smith, in substance, that he the SAID intes-
tate would sell and convey to the said Smith
certain farm situate in said Pawlet, on which the
said smith then lived, consisting OF ABOUT Iour
hundred acres, for a consideration which amount-
ed, on the hrst Of April, A. d., 1868, TO the sum
of six thousand eighty-ive dollars and eight
cents-the annual interest thereon from said date,
and taxes to be paid by said Smith until the nTst
of April, 1SsS-with the right in said Smith to
make payments applicable upon the principal at
his option, and when he should have paid two
thousand dollars of the principal he was to re-
ceiye deed OF the premises 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-
mains due, of said purchase money, about the
sum of ffty-nine hundred dollars, which the said
Smith desires to pay and secure, as contemplated
by said contract.
said Smith. and those under him, have been in
the possession OF said premises from the making
of said contract to the present time-claiming
under said contract.
that the said intestate, in his lifetime, entered
into another certain contract IN writing with
Marshall Brown Of said Pawlet, bearing date on
the 2sth day of November, A. ID: 1852, whereby
the said intestate agreed to and with the said
Brown, in substance, that he, the said interstate,
for the consideration OF four hundred dollars
thereafter to be paid by the said Brown. would
procure for the said Brown good warranty deed
of thirty acres off the north end Of the farm then
occupied by Alonzo Smith, described in said con-
tract as follows, viz: commencing on the
southeast corner Of Marshall Browns land at
ststake and stones; thence southwardly 80 rods
"to beach SADDLE in - corner - fence; thence
drumming westwardly l60 rods to a stake and
"stones to John Lewis land thence northwardly
$50 rods to stake and stone; thence eastwardly
$3.50 rods to the place of NEUTRALITY-SUSPICIOUS.
"30 acres more or less."-It being provided IN
said contract that said Brown was to take imme-
date possession OF said land and pay interest an
nually on four hundred dollars, commencing on
the FIRST of April, Is63-and pay all taxes on said
land assessed from said last mentioned date, and
on receipt OF warranty deed OF said Land, was to
that said intestate failure to procure for said
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
paw said Brown all the damages he might sustain
in moving and erecting fences, improving sald
land and all taxes paid out after deducting the
use CT said land.
said Brown in the lifetime of said intestate, made
sundry payments of interest and taxes, and that
he took and has ever since retained possession OF
said land nnder said contract, and Is now ready
and willing to perform the same on his part.
There is now due from said Brown on said con-
tract as your petitioner is informed and believes,
about the sum of five hundred dollars.
Whereupon your petitioner prays the said
Court to grant unto her, license and authority to
convey said premises to the said Smith and
Brown respectively in accordance with the terms
and conditions of said contracts with each OF them
respectively, with such variations therefrom as
shall be agreed upon by the respective parties and
approved by said Conrt-agreeably to the statute
MRS. MARY ]. MCDANIELS.
Rutland, January 2, 1871.
State of Vermont, It is ordered by the Pro-
District of Rutland, SO. bate Court for said dis
trict, that all persons concerned, be notified to
appear before said Court at session thereof to
be holden at the Office Of the Register Of Probate
in Rutland in said district on the first day of Feb
ruary, A. ID. 1871, to show cause, if any they have
why the prayer of the foregoing petition should
not be granted and, for that purpose, that the
said petition, together with this order, be pub
lshed 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. ID. 1871.
WALTER c. DUNTON, Judge.
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