Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-09
ksn I II u UT ILIt-FI w I
~ BENNINGTON COUNTY.
THE UNION TRUST COMPANY
OF NEW YORK, orators,
HE HARLEM EXTENSION RAIL

OF NEW YORK, orators,
THE HARLEM EXTENSION RAIL
ROAD COMPANY, defendants.
In Equity. Dec. Term, 1872.
Whereas, a decree was made in this case
at said term by the Court OF ChancerY OF
the State of Vermont, 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, 1t is ordered that unless
the sum of one million SIX hundred nifty
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, 1878, the railroad, premis
es, 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.
/ hereby gre notice, Ihat shall IN pur-
suaLce of said decree and in conformity
with its directions, sell at public auction,
to the highest bidder for cash, on the 10th
daV of January, 1873, at ten o'clock in the
fOrenO Don, ut the Court House in Bcnning-
ton, in the State of Vermont, unless the
amount of said decree is previously paid
by the defendantsl all that certnin rail-
road. with its privileges, appurtenances,
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 DIRK.
through the village of Bennington to Rut-
land. and from North Bennington to the
state line in the town of shaft sbury, Yer
mont, comprising the railroads formerly
known As the Bennington and Rutland
and Vermont and New York Railroads, and
connecting at said ioosick with
the railroad formerly known as the
Lebanon Springs Railroad, and at said
Rutland with the Rutland Railroad: to-
gether with all and singular the franchises
and rights derived under the laws of the
State OF Vermont. as now held or enjoyed
| by any or either OF the said Railroad Com
panies, for owning, occupying, maintain
| ing or operating said Harlem Extension
abroad without the state of Vermont.
said sale to be subject to the rights OF
| the orators, the said UniOu Trust Compa-
| ny as trustees uudcr certain mortgage of
! the Bennington and Rutland Railroad,
/ made by the Bennington and Rutland
Railroad Company, on the 18th day of Au-
! gust. 1867, to secure the sum of five hum
| dred thousand dollars of the bonds OF said
Dated at Bennington, this 10th day of
| DANIEL McEOWEN,
5OytJ20 special Master in Chancery.
H. j. PHELPS, sorr for Orators.
| CTATE OF VERNON,
- DISTRICT OF RUTLAND, SIS.
Dc II ItiiltulDCItAl. tlltt al Il StSNlou VI
/ the Probate Court, holden ut Rutland,
/ within ana for said District, ON the 10th
/ day of December, A. d. 1872.
| PRESENT: Hon. Walter q. Dunton, Judge.
| Whereas, a certain Instrument in writing
! under seal, purpOrting to be the last will
| and testament OfJonathan Anderson. late
! of Walingford, 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 all 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, \. d. 1873,
! by publishing this order, three weeks
| successively previous thereto, in the Rut-
| land HERALD, a newspaper printed at Rat
| 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 viii and testament of said de-
| ceased.
| 52w3 TUOS. c. ROBBINS. Register.