St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1876-02-11
Estates.

HARM and decision thereon; and il is further
ordered that notice hereof he given To all persons
interested by publication nt inc SAINT pub
lished at st. Johnsbury, previous I" sau Iiile !"
pointed for hearing that they may appear at s'
time and place. and show cause, If any they may
have why said account should not he allowed, ana
such decree made
HENRY FRENCH, Register.
lO-l2 HENRY FRENCH, Register.
S,TATE OF VERMONT CALEDONIA DISTRICT. -.
- In Probate Court held AT st. Johnsbury: within
and for said district, On the eth day "f January
\. ID. ls76. 800
An instrument purporting To he the last W i'll and
Testament of Mary Ann West, late "i st. Johns
bury i'll said district, deceased being presented t"
Court by Charles II. West, the executor therein
named for Probate:
II is ordered nv said Court that all persons
concerned therein notified To appear at session
of said Court To be holden at the Probate Ohio"
i'll ST. .Juhnsbury. the 18th day of FebT nary ,
\. u. ls76, and show cause, # any they may nave
against the Probate of said Will for which pui-
pose il is further ordered that copy q" the record
Of this order be published three weeks succrSSlNrly
i'll the Caledonian, printed at st J"hnShnr\' ptrNl-
to said time appointed for hearing.
HENRY FRENCH, Register.
\ true copy of Record. Attest,
IOI2 HENRY FEENt II. Register.
STATE OF VERMONT In Chancery. Essex
- Essen COUNTY IS. County, March Term.
\. d. ls7G.
BENJAMIN +. wHIpDEN vs. GEORGE y.
BINGHAM AND OTHERS.
Whereas Benjamin +. Whddcn Of Lancaster. in
the County of Zoos and State of New Hampshire,
has filed in Essex Count, Clerks office his prti-
ton, setting forth, that at the September term
ls1; of ESSEX County Court of Chancrry he made.
and entered his petition against George y. Bin. ham
and others for the foreclosure of mort given
by James Il. Sumner To your Orator, dated April
"a l-1i thrcrsrN rnths parts of the township of
Lewis i'll said county of ESSEX. conditioned To
cure certain note, and 10 secure and indemnify
your Orator against certain liabilities SET forth
i'll said mortgage deed and petition Your Orator
further showrth that hen said mort rage made.
your Orator James j Barrett of Lttlrton i'll the
county of Grafton and state of New Hampshire
held a rts3gc said Lewis conditioned for the
pay nt a large sum of money specified i'll
tain notes, that Il. e. smith Of Swanz'.y, in the
county of cheshire and STATE of New HAMPSHIRE
held - mortgage thereon. conditioned for TIA" pay
mcnt OF Il lar.' sum III money therein specified ::
thai James L. sumner .Ir. of Dalton i'll said county
"f los held a mortgage thereon !" secure a certain
sum al money and Ia secure him for certain liab
ties therein specified that said tirnrg" y
bingham of said I.ttlrtun held Il mortgage thereon
{" srcilr" sum "i money therein specified; that
Bcriah Wright of lunrnburg i'll said county OF
ESSEX held Il mortgage thereon To secure Il sum ot
money therein specified: and that Nathaniel W
French "t said Iunrnburg held a mort gas,. thereon
Ia secure h III against certain liabilities therein
specified all of which mort cages made. hN
SAID j iIn'~ IL sumner. and are duly Recorded i'll
the office al tn" county clerk for the county at
ESSEX. and which referred Ia. That when said
mort .ag' deed I" your Orator was mad, bN said
James Il sumner. a certain contract and indrnturt
under the seal of the parties had been entered into
dated January |, La. by and between said James
Il Sumner on "nr part and Charles Davis. Eli Han
son, G""rg" W. Fisk and Joseph &. Lewis. part
nrrs under the name of the II"ly"k, Lumber Com
I.InI "i the other part. by which il aGrrrd in
~ll'~t:inc" that said lame. Il Sumner sold and
V"N"d To sad other party three undivided seventh
parts of all the pine spruce. cedar and tauarck
timber above thu, SiZ,. uf on, foot in di,.t,.r al the
stump. "n said town of Lewis. and giving said
company til" election {" hmy said thrrs-vcnthS uf
sand town AT a certain price. The time tor said rlrc
ton h,ing now past and said company not having
erected I" huS IN" Siln'. ami SAID company did
agree with said James l. sumner that they wuuld
pay him the sum of tw" dollars per Thousand for
spruce, cedar and tamaraCk. and NV, dollars Der
Thousand for pine, and I" takr such an amount ut
timber at said price each wear ~ Ia amount 10 tL,.
sum of ten Thousand dollars. and A. much more. A.
they might and may elect Ia lie" till all said tim
her L. cut and taken And said ll"lVuk,. Lumber
Company on said first day of January. I-7s made.
and delivered Ia said lanes H. sumner their prom
iss"rS notes for the sum of twenty Thousand dollars
PAYABLE I" Slid lanes Il. sumner or order ten
Thousand dollars of said sum PAYABLE. in one year
from SAID date, and ten Thousand dollars in two
Wears from the first daN of April Ia without in
t"r''~t a. pay mrnt~ I" the timber Ia b,. taken
from said three, >,NrntI- Of sand town for tL,. yearly
cuttings IN the wears ending July / I-7i and Isl
AMI providing that in the company shall elect
Yearly "T any year {" cut such Il quantity of timber
A. that thrrt-stVrni~ OF the stumpag,. thereof lt
the pIicr aforesaid shall am"unI t" NOR, than ten
thousand dollars for which notes Were. given or tn
70, gwen then they were I" pay 10 said lanes Il.
sumner Tor thIrt--"V"nthS of said surplus stump
age on said sumner share al the prices aforesaid on
he first day "f prll frch and every year that any
such surplus shall b,' and taken And said
company agreed and c"Vrnantrd that they would
on the hrst day of January 10 and on TN. first
DAY "i each succc"iin. January after till all uf the
tImh"r Is Cut and taken tNrcut,. tn th, said LANES
Il. Sumner or his order prumSS"ry notes without
interest Z" the amount OF ten Thousand dollars ptv-
able III on" year from the tir-t daN OF April next
after the dat" "i the giving Of said notes hut in
case on tn" last of cutIin. Their, l. NOT timber
enough I" com" t" ten Thousand dollars then the
notes t" Ice given only t"r the estimated Ia
remain. and providing that yearly and in NIL eases
and under all circumstances tn. said James T.
sumner three, s,Vrnth~ ur share, of the ti,Ir rI,t
shall remain and hr his PROPERTY till th, .tlIuit,r
therefor II paid " whenever the same. l. ,.yi,,nc,l
10y the notes given or tn he given a. provided IN
SAID agreement. and III said agreement II i. .,.t
forth that II Is understood that there were mort
cages on the premises and that said sumner shnuld
say" III" said company from th,. SAM and said
agreement provides that said timber should h.
carefully surveyed and the amount a>r,Tt,in,l IN
a manner particularly described. and said notes To
De III payment Therefor That lev an agreement en-.
tered int" on the first daN ut January \ L. ISL
1t was agreed 10y and between said ilulyuk, Ium-
Ter Company and said James L. sumner and ann.
Is Sumner .lr., that the provisions ut TIN, said in
drhtnft ana agreement IN regard t" the three Soy
rnth> "i the said township of Lewis hc extended
one year the effect Of which agreement WIS To- prn
vide that II" notes were Io he given and none. were
given on the first day of January I-,l That said
Eli Hanson and tirurl.,. W Fisk. have. ceased ,u h
Partners III SAID li"lN"kr Lumber COMPANY and
SAID tharlrs Davis and Joseph e. Lewis are The
only persons interested therein. That said James
H. sumner died about SiN months AGO t,.stat, and
'hil ~dlu bt"'ist y. bingham and Ira : NJ I,oy,
anu san James L. sumner .Ir the executors
OF his last will and testament in New IIaInrshir,
and tharlrs + Benton of Guildha III the county Of
EsS"N Is administrator with the will annexed in
Vermont. "
That said agreement : made between said I,m,.
u. sumner and said HOLY ukr Lumber COMPANY
was duly recorded in the office of the county clerk
OF said county "f EsstN That thu, estate of s,id
j amcS Il. Sumner deceased is inSulvrut and I,hts
dnr from HIM and not secured Of no value
That asid" from the timber growing thereon said
township of Lewis is ni NO value and that I'M, nine
spruce, cedar and tamarsck are the only tinIn.I |
thereon that is OF any marketable. y;lur That H.
sums dnr IN equity on said several mort cages thai
were made {" said several mort i.r.s prrvinus Ia
sad mortgage to N"ur Orator uncertain and the
amount should he ascrrtainrd by Nour Honorable,
Court. that the said James H. Sumner in runr,.rt
with The persons hereafter named intending. To- de
itat tht security "f Your Orator given him b\
way al said mortgage" did 10y "a certain writin. pur
porting {" hr dated April 18th ls53 set forth iha,
y amts H. Sumner .Ir.. had signed indnrs,d md
otherwise become liable for divers nntrs and had
paid for him Trustee ut Catherine, sumner ,.r
tam monies, and that he had given said lanes Il
sumner Ir a mortgage np"n three seventies of thu,
t"wnSlp"f Lewis as security for said several under
takngs, and that he had made another mnrtu,r,. Ia
;eorse y. bingham I" secure the payment of about
eleven hundred dollars. and thtrcupnn the said
lanes Il. Sumner did assign Ia the said lanes r.
Summer ,lr, the said agreement and ind ntnre of
the said lIOlyokr Lumber COMPANY 10 his us, and
benefit till the conditions of the said mort ,o,,a n,
said Bingham and Ia said James H. Summer I arr,
fully performed That said lanes Il sumner hy
Il certain other writing dated April 10th ISIS did
undertake t" assign and transfer 10 said lanes r.
Sumn"rJr.. Trustee and Administrator of Cathrrinr
sumner the SAID lndrni urt Of the HOLY Lumber
Company and said James l. sumner Ir ia h,y,
and {" hold the same subject To said other :ssirn
mrnt, Ia his full benefit and till he shall have
pad 10 Grnrgr y Bng ham and Alunzo l. Caru,n-
Ter ms SAID James u summers two notes for TWEEN.
ty five hundred dollars each PAYABLE ON, Ia said
bingham and one {" said Carpenter. dated the. ID
day of January l-'l. and secured by murtna ON
said township of Lewis and other land of even date
with said notes and also to hold said indntur, iii
he should ID" fully paid for advancing and payino
stld Bingham AMI Carpenter their said notes and
himself as Trustee and AdminiS rator aforesaid IN
sad James u Summers entire indebtedness 10 him
I he saih .Iam,.s Summer Trm.t.Y, -. II w