Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1875-01-01
Joseph Clark w.. Bellows Fails Savings In
sIsluItOu

IN bnaNAGhl1 N1NDuAM i.
fINo the Hon. James Barrett Chancellor Of the
Il state Of Vermont;
Your petitioner. JOSEPH CLARK of westmin-
ster, in the county OF Nindhami respectfully repre-
that on the 18th day OF March. A ID. 1851 tho
vermont Valley Railroad. corporation duly es-
tablished under the laws OF this state prelerred
their petition addressed to the Hon the Chancellor
of the Second Judicial District for the State Of YER
mont in the words and figures following: 10 wit. ::
Your petitioners. the Vermont Valley railroad
Company, respectfully represent that they are q
railroad corporation chartered by the General As
sembly OF the State of Vermont and that they re-
qaire for roadway purposes and for the purpose
" OF making public highway in consequence of
changing the line of the old highway by the max
" ing OF their railroad. certain lands situated in
" W estminster in the county OF Windham and Occur
taken for roadway purposes is described as fol-
lows; commencing at a point on the southern
boundary OF land Occupied by the said Clark
where the center line Of the Vermont Valley HALL
=" road, in passing through the land of Henry Page
lnterseets SAID boundary, thence running norther-
ly according to said recorded center line b9 sixty
. nine rods and twenty links with Q width Of two
center line to lana owned BY Asher Spencer, ex
eept piece of land within the said limits hereto
. fore owned by joel Page and by him decided to
" said Company, and the land taken by reason of
the change in the public highway aforesaid, is sit
uated on the west side of said railroad and on the
easterly side of lands occupied BY said Clark afore
" said and contains tour tenths OF an acre,
Your petitioners further represent that said land
was of the estate OF Silas Burk, Senior, who de-
ceased nearly thirty years SINCE who devised his
real estate, subject to dover, his son. Sia as Burk
Jr. during his life. charged with the support OF
his daughters, Lucy and Thankful while sole re
mainder TO the use. occupancy during life, OF said
' Thankful and Lucy, and on the decease of SAID
Silas and on the death or marriage OF Thankful
and Lucy to be divided between the testator's
daughters, Molly, heziah, Sarah, Lucy. thankful
and Anna, one sixth part to each, their heirs and
assigns forever The said Silas Burk, Jr., has
long since deceased. without issue. The said
Thankful has deceased leaving one heir Column
bus Burk of said Westminster having previous to
her deeease mortgaged her reversionary interest
" who assigned to Joseph Clark, now in possession.
" The said Lucy Burk has assigned all her interest
" in the premises to said Joseph Clark. The tesla
tors daughter Sarah is living. and is the wife of
Timothy Clark OF Rockingham the other three
4, daughters of the testatoT. Molly keziah and An
: ma, all deceased leaving numerous heirs whose
names and residences are unknown to your petit
our petitioners further represent that the dam
" ages in consequence of the lands required and
. taken. have been appraised by the commissioners
" duly appointed tor that purpose at the OF two
: hundfe ell and fifty dollars. And your petitioners
" pray, that said sum SO awarded, may be deposited
= with the Clerk of the Court, for said county of
Z Windham. or the Bank Of Bellows Falls in said
" county, under an order from your honor and sub
" jeet to your future order in the premises, and un
til reasonable notice be given in the premises and
9 final decree be made. And that your honor may
=" order such notice to be given and may thereupon
proceed to and make final decree in the premi-
" SEES and decide to whom such money legally and
g equitaby belongs, and to whom it shall be paid
" and that your honor viii make such further order
: in the matter as justice and equity may require
The Vermont Valley Railroad Company
:. By c. /. Walker, Attorney and Solicitor"
Your petitioner further represents that upon fling
the aforesaid petition and hearing had thereupon.
the following order was made by said Court, viz;
" Upon the hearing Of the foregoing petition this
! day filed with me, it is ordered that the Vermont
Valley Railroad Company deposit the said sum of
. two hundred and fifty dollars in said petition
: named, in the Bank Of Bellows Falls in said eoun
" Chancellor in the premises, And it is further or
, dered that the said Joseph Clark, Columbus Burk,
: fed of the filing and pendancy of said petition
and also be notified that final hearing will be
fame, IN said county Of Wndham. on the IVY
TX FIRST DAY OF APRIL NEXT, at o'clock
Z. M, by serving upon each of them a true COPY
of the foregoing petition and of this order at least
twelve days before said final hearing, And it is
'ho. sa n9ee Dc given to the other
by causing true copy Of the foregoing petition
and order 20 be published for three successive
Falls. previous to said hearing.
Dated at Woodstock, this 18th day Of March, A.
y. CoLLAMER, Chancellor"
Your petitioner further represents that Ellera
d by said Court trustee to receive and deposit
aid fund and to have charge of the same subject to
rder said Allbee received said sum of two hnndred
nd fifty dollars of said Railroad Company and de-
osited the same in said Bellows Falls Bank, where
remained until the 2lst day of June A. b. ISL.
n which day the said Allbee withdrew the same
-om said Bellows Falls Bank and deposited II in
is own name as such trustee in the Bellows Falls
avings Institution at said Rockingham. where it
as ever since remained and that with the interest
inc hundred dollars. Your petitioner further rep
'sents that SAID Ellera Allbee died sometime in the
ointed in his stead, and that no final order or de-
zee in said cause has eyer yet been made.
Your petitioner further represents that he is the
IN and sole heir of Sarah Bark named in the above
etiiion. and now deceased. and that he has ac-
aired by purchase and is the legal and equita.
lie owner Of i've sixth parts of said trust fund be-
g the whole of said fund except that part OF the
me which is owned by the heirs of said Anna
urk whose names and residences are to your Pc
toner unknown
And your petitioner prays that some suitable per-
n may be appointed trustee of said fund in the
ace of said Eilera Allbee. deceased, and that an
DER pc made hxing a time Tor a final hearing in
ia cause, ana that upon such final hearing said
the same, and that your honor may order such
,tiee 10 be given in the premises as the circum-
ances OF the case may require and IN Ike such fur
er order and decree in the premises as to your
NOR shall seem meet. JOSEPH CLARK
By L. NJ READ. his Solicitor
ATE OF VERMONT. I 1t is ordered that the fore
' INpHAM COUNTY. IS. J going petition be heard
the NINETEENTH DAY OF JANUARY 49,
3 O'Clock IN the forenoon, at my chambers in
oodstoeki in the county Of Windsor. and that the
me- with this order, be forthwith served on said
Wigs BANK, and on any other parties in interest
siding within this State. and parties whose
iidence IS unknown and without this State. thar
tiee be given by publishing the same. or the sub
nee thereof, three weeks excessively in the Bel
VS. Falls TINES the last publication 20 be at least
e week prior to said 18th day of Jsnuary
Dated at Woodstock. Aforesaid. this lfth day Of
icember. 1874.
81 JAMES BARRETT. Chancellor.