National opinion. [volume] (Bradford, Vt.) 1865-1874, 1873-09-12
IN ClIANCEHY: OR ANGIE co.
InESrs PERt rs & S,asu PERKINS,; }

laESrs rERl rs 4 sanan PERKINS,;
PETER ". SWIFT n OTHERS.
At the December term of said Court. -
the Orators filed their bill charging that
Thomas Perkins late of Lyme. y. H., Geccas-
ed, was ON the 18th of June, 1870, owner of a
farm in Ver-hre, VT, on which Peter NJ.
Swift. II Ann II. Swift, wife of said Peter VI b.,
and dIus liter of said Thomas. there lived
aud also of a farm in Stock bridge, Vt, ON
which Aurelius = Swift, anu Mary ii. Swift
wife of said Aurclius S. and daughter OF said
Thomas. there resided that on said June 29th
1870, said Thomas Perkins, in consideration OF
love and affection aud five hundred dollars,
conveyed hy warranty deed said Ncrshire
lands to said Ann b. Swift. CONDITIONED that
said Ann b. should pay to Martha f. Evans,
wife of Michael Eyaus. thirty dollars in one
wear from the date of said decd, and thirty
dollars on the first day of July In each year
during the natural life of Martha f.. Evans !;
that on the 9th day of August, 1870, said
Thomas in consideration of love and affection
and one hundred and fifty dollars, conveyed
said farm in stock bridge, to said Mary II. swift
by deed of warranty, condition to pay
Sarah L. Perkins, the oratiiX. $1,000 after
the dcccase of SAID Thomas that both Of said
convcyauCcs were made i'll fact solely upou
the consideration Of love and affection. and
without amy payment, or agreement to pay
any money. except what is expire ~>ed III said
tpilulltOEs 'uut stili lHiilt> ulu MOI III MS
LIFETIME deliver either of SAIL deeds to the
said respective grantees, nor To any one for
them. or either Ut them, but said deeds from
the time OF their execution TO the death of
sand Thomas, reserved In. and subject to his
exclusive possession and control, and said
Thomas did not ia any way i'll his Lifetime
auth ,rize the delivery of said deeds, TO said
grantees, or for their use or benefit, az for any
purpose whatever, but tid Thomas deposited
tie saiuc III lis desk with his other private
papers, where they remained until after his
uicedse that said Thouas died al sad Lyme,
August goth. 1870, interstate. leaving the .ol-
lowing children and heirs of his estate: Ihou.
as ". Perkins, Of said LyBic; Sarah T. Per
kns, wife of lrcuus Perkins one of the Orators
said Ana Il. Swift ; said Mary IL. Swift said
Martha Evans, wife of Michael Evans of Sain
LYME; who were sole and oulv heirs Of
sad estate that after the death Of said
Thomas, said Thomas W found said deeds
among the papers of said Thomas. and de-
lvercd them to said grantees therein. with
out auy right, or license. ar authority derived
from SAID thomas, and that said delivery was
without authority aud that said deeds are
wholly void, and insufficient to convey said
estate: and sad grantees now hold posses
sion of, and claim title To said farms by virtue
of said deeds; I at said Thomas had personal
property more th II sufficient to pay his debts,
aud charges of ADJ inlstratvn that said deed
to Ann b. Swift AS recorded in Ncrshirr,
Stock bridge. Sept. ID, 1870; that said Peter
NJ. & wife, and Aurelius 5. & wife, have been
i'll use of said respective farms ever since the
death of said Thomas. claiming title under
sad deeds and that said lands are worth
5000 % or more; that said deeds are void
and of no effect. ana said Sarah L. entitled to
have set uus TO her one fifth part OF said Lands.
and an account and division of the rents aud
profits IT, crcof since the death of said Thomas
and praying that said deeds may be declared
void. ana OF effect. and that said Sarah L.
NAV have partition of said lands and her one
fifth part Of tie same, and an account of
said rents ard profits, and that said defend
ants may he d"crccu to qult-ciam SAID one
fifth part of said lands to said Sarah T. and
for further lief, Aud process otisu''liena was
duly issued thereon to said Peter NJ. and Ann
II. Swift. Aurolius 5 and Mary II. Swift
Michael Evans aud Martha Evans his wife,
and Thomas w. Perkins OF Lyme, New ilamp
shire; said bill and supbGiia Were duly served
upou all parties within the State of Vermont,
aud said cause is now pending Ill said Court;
aud it appearing that SAID Thomas w. Per
kius, and said Michael and Martha Evans re
side without this State: 1t is ordered that
notice he given to the said Thomas. Michael
and Martha to appear before the Court of
Chancery, next to be held at Chelsea in and
for said County of Orange, on the third Tues
day in December, 1873, to answer to said bill
OF complaint by the publication of the sub
stance of said bill, together with this order,
three weeks successfully in the National
Opinion. a newspaper printed at Bradford in
said County. the last Of which publications
shall be at least twenty days previous to the
commencement of said term.
Dated at Chelsea, in Orange County, this
ID day of September. 1873.
l. g. IiISCKLEY, Clerk.
c. W. CLARK, Soller.