Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-01-12
TO THE HON. PROBATE COURT

ITO THE HON. PROBATE COURT
| L within and for the District of Rutland, i
! the state of Vermont.
The undersigned, Mary j. McDaniels, admin
| stratrlX of the estate eff Isaac Mechanics late G
| Rutland in said district, deceased, respectfully
represents that the said ate, in his lifetime
did enter into a certain contract IN writing wit
| Alonzo Smi of Pawlet, in the county of Rutland
| bearing date GU the Sd of November, lS62-in AM
| by which the intestate agreed to and with tn
said Smith, III substance, that he the said lntes
| ta'e would sell aud convey to the said smith
! certain farm situate in said Pawlet, on which tn
said Smith then lived, consisting of about fou
| hundred acres, for consideration which amount
| ed, on the first of April, A D., 1868, to the sun
of six thousand eIghty-tive dollars and elgh
Cents-the annual interest thereon from said date
and taxes to be paid by said Smith until the frs
| of April, lS.S-with the right in said Smith t.
make payments applicable upon the principal a
his option and when he should have paid tive
thousand dollars of the principal he to re
Ceive a deed of the premises and execute a mort
gage back to secure the residue of the purchase
money III such amounts and times Of payment al
he might choose.
Your petitioner further represents that there re-
mains due, of said purchase money, about tht
sum of htty-nine hundred dollars, which the sale
Smith desires to pay and secure, as contemplated
by said contract.
Your petitioner further represents that the
sad smith. and those under him, have been IL
the possession of said premises from the making
of said contract to the present time-claiming
And your petitioner further represents, that
that the said interstate, 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 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 a
stake and stones; thence southwardly 80 rods
''to beach SADDLE in - corner - fence; thence
running westwsrdly 100 rods to stake and
f'stones to John Lewis land thence northwardly
$50 rods to a stake and stone; thence eastwardly
''l60 rods to the place of Neutrality-suspicious.
$50 acres more or less.'-It being provided in
said contract that said Brown was to take imme-
diate possession of said land and pay interest an
nually on four hundred dollars, Commencing on
the first of April, lS6S-and pay all taxes on said
land assessed from said last mentioned date, and
on receipt of warranty deed OF said land. was to
pay the said interstate, four hundred dollars, and
that said intestate on 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
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 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, 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 contra cts with each of them
with such variations therefrom as
shall be agreed upon by the respective parties and
approved by said Conrt-agreeably to the statute
IN such case provided.
MRS. MARY J. MCDANIELS.
Rutland, January 2, 1871.
State of Vermont, ! 1t is ordered by the Pro-
District of Rutland, IS. 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 the first day of Feb
ruary, A. D. 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
lished in the Rutland HERALD, printed at said
Rutland, three weeks successfully previous to
said first day of February, A. d. 1871.
Given under my hand at Rutland aforesaid,
this day of January, A. d. 1871.
WALTER G. DUNTON, Judge.
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