Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-02
S,TATE OF VERMONT,
~ BENNINGTON COUNTY.
THE UNION TRUST COMPANY
OF NEW YORK, orators,

~ ~'A-'' 1N' N'-'NN~'-''
THE HARLEM ENTENSIO RAIL
ROAD COMPANY, defendants.
In Equity. Dee. Term, 1872.
Whereas a decree was made in this case
at said term by the Court of ChancerY of
the State of NermOnt, in favor Of the ora
tors against the defendants, for the fore
closure of a certain mortgage executed by
said Harlem Extension Railroad Company
to the orators as trustees; and. Whereas,
by said decree. it is ordered that unless
the sum of one million SIX hundred fifty
seven thousand five hundred dollars, ad-
Judged to be due under said mortgage TO
the orators as trustees. shall be paid with
costs by the defendants, before the goth
day of January. 1873, the railroad. premis-
cS, property and franchises covered by
said mortgage. so far as the same are with
in or derived from the State of Vermont,
be sold by me as special master OF
said Court, at public auction, to
the highest bidder for cash, to satisfy
said decree and conveyance made to the
purchaser thereof accordingly.
/ berebU gire notice, That shall in pur-
suat &c OF said decree and in conformity
with its directions. sell at public auction,
to the highest bidder for cash, on the 2Oth
day of January. 1873, at ten o'clock in the
forenoon, at the Court House in Benning-
ton. in the state of Vermont. unless the
amount of said decree is previously paid
by the defendants all that certnin rail
road, with its privileges, appurtenanccs,
lands, premises, rights situate within the
State of ' Vermont, and being all OF the
Harlem Extension Railroad As now OCCu-
pied, used and operated that lies within
the state of Vermont; extending from the
state line between the states of Vermont
and New ! DIRK. at HOoSick, in the county
of Rensselaer, and State of New York.
through the village of Bennington to Rut-
land, and from North Bennington to the
state line in the town of SALISBURY, Yer
mont. comprising the railroads formerly
known As the Bennington and Rutland
and Vermont and New DIRK Railroads. and
connecting AT said HooSick with
the railroad formerly known as the
Lebanon Springs Railroad. and at said
Rutland with the Rutland Railroad to-
gethcr with all and singular the franchises
and rights derived under the laws of the
state of Vermont. as now held or eniOycd
by any or either Of the said Railroad Com
panleS, for owning, occupying, maintain
ing or operating said Harlem Extension
railroad without the state of Vermont
said sale to be subject to the rights OF
the orators, the said UnioU Trust Compa-
ny as trustees uuder certain mortgage OF
the Bennington and Rutland Railroad.
made by the Bennington and Rutland
Railroad Company, on the 10Th day OF Au-
rust, 1867. to secure the sum of five hun
dred thousand dollars of the bonds of said
Company.
Dated at Bennington, this 10th day OF
DANIEL McEOWEN.
5OwtJ20 special Master in Chancerv.
Z. }. PHELPS, Sol'rtor Orators.
CTATE OF VERMONT,
- DISTRICT OF RUTLAND. SIS.
BE il remembered, that at session OF
the Probate Court. holden at Rutland,
within and for said District. ON the 10th
day of December, A. d. 1872.
PRESENT: Hon. Walter G. Duuton, Judge.
Whereas acertaiu instrument in writing
under seal, purpOrtin@ to be the last viii
and testament OfJOnathan Anderson, late
of Wullingfurd, in said district, deceased.
having been this day presented to said
Court for Probate. and duly filed in the
Registers office Therefore. 1t is order
ed, that 2ll persons interested in the
estate of said deceased, be notified to APP
pear before said Court, at the Probate
office in Rutland, in said district, on the
fourth Tuesday of January, 4. d. 1873,
by publishing this order, three weeks
successfully previous thereto, in the Rut-
land HERALD, a newspaper printed at Rut-
land aforesaid, to show cause. If any they
may have, why said instrument in writ
ing should not be proved and allowed, as
the last will and testament of said de
ceased,
52w3 THOS. C. ROBBINS, Register.
GTATE OF VERMONT, DISTRICT
- of Fairhaven, -.
The Probate Court for the District of
Fairhaven To all persons interested in the
estate of James X. HYDE, late of sud
bury, in said district deceased,
BY the authority of the State of Yer
mont, You are notified to appear before
the said Probate Court, at the Probate Of
ice IN Castleton, in said District, on the
18th day of January, 4. D., 1873. to
count of j.. Il. Bottom and 4, W. HYDE, eX-
ecutOrs of the last will and testament of
said deceased, should not be allowed, and
also why the residue of said estate should
not be distributed to the parties entitled
thereto.
Dated at Castleton, in said District, this
-7d day of December A. ID. 1872.
so,,.o HENRY L. CLARK,
al Izfn