Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1875-01-08
Joseph CIark vs.. Bellows Falls Savings In
sfiiution.


IN CHANCERY, WINDHAM COUNTY.
no the Hon. james Barrett Chancellor of the
Your petitioner, JOSEPH CLARK of Westmin-
ster IN the county of Mindhami respectfully
sents that on the 18th day OF March, A. ID, 1851. the
tabIished under the laws OF this state. preferred
their petition addressed to the Hon; the Chancellor
Of the Second JUDICIAL district tor the state OF err
mont in the words and figures following: 10 wit.
tour petitioners. the Vermont Valley Railroad
Company, pectfuily represent that they are
railroad corporation chartered by the General As
semby OF the state of Vermont and that they
quire 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 occu-
: pied by Joseph CLARK. The land SO required and
taken for roadway purposes Is described as fol-
lows commencing at a point on the southern
where the center line OF the Nermont alley Rail-
road, in passing through the land OF Henry Page
interseets said boundary. thence running northcr-
~ according to said recorded center line t69J sixty
nine rods and twenty links with width OF two
rods ON the east and two rods on the west OF said
center line to land owned by Asher Spencer,
cept 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 atoresads is sit
uated on the west side of said railroad and on the
easterly side of lands occupied by said Clark aore
said and contains four tenths OF an acre,
Your petitioners further represent that said land
. was Of the estate of SiIas Burk. Senior. who de-
ceased nearly thirty years since, who devised his
real estate subject to dover to his son. Silas 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. 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. leay ing one heir Colum-
- bus Burk OF said Westminster, having previous to
her deeease mortgaged her reyerslonary interest
for its full value, and more, to SAID Lucy Burk,
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
daughters of the testator. Molly. heziah and An
ma, all deceased leaving numerous heirs, whose
names and residences are unknown to your petit
TONERS.
Your petitioners further represent that the dam
ages in consequence of the lands SO required and
taken, have been appraised by the commissioners
duly appointed for that purpose. at the two
hundI ed and fifty dollars. And your petitioners
With the Clerk OF the Court, for said county Of
" Windham, the Bank OF Bellows Falls in said
eounLy und er an order from your honor and sub.
"ject to your future order in the premises, and
til reasonable notice be given IN the premises and
4" final decree be made. And that your honor may
order sueh notice to be given and may thereupon
proceed to and make final decree in the premi-
ses and decide to whom such money legally and
and that your honor will 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 filing
the
the following order made by said Court, viz;
" Upon the hearing Of the foregoing petition, this
:. Valley Railroad Company deposit the said sum Of
" two hundred and hity dollars in said petition
named. IN the Bank Of bellows falls In sad soun-
" Chancellor in the premises, And it is further or
" dered that the said Joseph Glark. Columbus Burk,
9 Timothy Clark and Sarah Clark. his wife, BIO noti-
Is fed of the filing and pendaney OF said petition.
:. and also be notified that final hearing will be
" had in the premises. at the Court House in New
TY FIRST DAY OF APRIL NEXT, at 6 o'clock
g P. NJ, by serving upon each Of them true copy
Of the foregoing petition and of this order least
g twelve days before said final hearing. And it is
parties interested in said petition being unknown,
g by causing true copy Of the foregoing petition
Sna sri n the Repubcan stSndard at Below.
" Falls previous to said hearing.
" Dated at Woodstock, this 18th day of March. A.
y. CoLLAMER. Chancellor"
Your nettioner further represents that Ellers
Allbee, then of Westminster aforesaid. appoint
ed by said Court trustee to receive and deposit
said fund and have charge of the same bect 10
order said Allbee received said of two hundred
and fifty dollars of said Railroad Company and de-
posted the same in said Bellows Falls Bank. where
It remained until the 2lst day of June. A. D. 1851.
on which day the said Allbee withdrew the same
from said Bellows Falls Bank and deposited it in
bis own name such trustee in the Bellows Falls
Savings Institution at said Rockingham. where il
has since remained and that with the interest
thereon said fund now amounts TO about the sum of
nine hundred dollars Your petitioner further rep
that said Eilera Albee died sometime in the
year 1881 or2, and that trustee has been APP
pointed in his stead, and that final order or de-
cree in said cause has ever yet been made.
Your petitioner further represents that he is the
son and sole heir of Sarah Burk named in the above
petition. and now deceased. and that he has ac-
quired by purchase and is the legal and equita
BILE OF I'VE sixth parts of said trust fund. be-
ing the whole of said fund except that part of the
same which is owned by the heirs of said Anna
Burk whose names and residences are to your PEE
titioner unknown
And your petitioner prays that some suitable per
son may be appointed trustee OF said fund in the
place Of said Elera Allbee, deceased, and that an
order be made fixing time Tor final hearing in
said cause, and that upon such final hearing said
be directed to said fund TO those entitled
to the same and that your honor may order such
notice TO be given IN the premises as the eircum-
stances Of the case may require and make such far
her order and decree in the premises as t. your
honor shall seem meet JOSEPH CLt RK
BY L. NJ. READ, his solicitor.
STATE OF VERMONT 1t is orderes that the fore
on the NINETEENTH DAY OF JANUARY ISIS.
at o'clock in the forenoon, at my chambers in
Woodstock in the county of Windsor, and that the
same with this order, be forthwith served on said
Savings Bank, and any other parties in interest
residing within this State. and to parties whose
residence Is unknown and without this State, thai
tice be given by publishing the same OF the sub
stance thereof three weeks successfully in the Bel
lows Falls IsKs. the last publication be At least
one week prior 10 said 18th day Of January.
= Dated at Woodstock. aforesaid, this llth day Of
December. 1874.
sag JAMES BARRETT. Chancellor.