Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1876-10-25

STATE OF VERMONT, In chancery,
WINDSOR COUNTY, Term, 1876.
Whereas, Foster T. Alexander Of Hart
land in said County has filed in the office
of the Clerk of the Court Of Chancsry
within and for said County, his Bill Of
Complaint showing in substance as fol-
lows, to witt
That in May or June, 1876, he executed
and delivered to one Willie A. Chandler
his promissory note for the sum OF SIX
hundred and thirty two dollars, payable
on demand with interest annually. That
soon thereafter said Chandler was drown
ed at Newton, Mass, and that he was
then the owner and possessor of said note
and a resident of said Hartland. That
Phelps Hunt of Hartland was duly APP
pointed administrator Of his Estate, and
accepted said trust. That join B. Fetch
er Of WestfOrd, Mass, took possession OF
said note and other papers Of said deceas-
ed, and procured himself to be appointed
Admir-. on said deceased's Estate by the
Probate Court for Middlesex County,
Mass. That said Hunt demanded of said
Fletcher your orators note and other pa
pers belonging to said deceased and he
refused to deliver the same to said Hunt
as Admir-. and threatens to collect the
same Of your orator. That said Chandler
was Il young man without family, owing
no debts, and that his other property
aside from said note is more than sufficient
to pay the expenses Occasioned by his
death and burial. That his Father New
ton Chandler who resides in California is
| r,,1t hair SniI A
left no Will. That said Newton is large
ly indebted to your orator exceeding two
thousand dollars, and your orator has
been unable to collect the same, and that
said Newton is in insolyent or in doubtful
circumstances. That your orator has
commenced q suit against said Newton
and trusteed said Hunt as such Admir-, but
fears that he shall not be enabled to col
lect his said debt against said Newton,
and that by means of said Administration
in Massachusetts said Newton may get
possession OF the funds belonging to the
Estate of said Willie, especially if it should
appear that his residence at the time of
his death was in the State Of Massachu-
sets. And your orator does not want to
be compelled to pay said note which Is
really the property of said Newton Us the
heir to said Willie, and insists that his
said debt against said Newton should be
Offset in payment of his said note, and has
applied to said Admr's. and requested to
have it thus Offset and applied.
But that the said Newton Chandler,
Phelps Hunt and John B. Fletcher con-
irving to wrong and injure your orator,
in the premises, refuse to comply with
such request, and pretend that said New
ton is not indebted to your orator, where
as your orator charges the contrary.
All which is contrary to equity and
good conscience.
, In consideration whereof your orator
prays for relief and for writ Of subpoena
and that the said Chandler, Hume and
Fletcher may true, direct, and perfect an
swer make to all and singular the matters
aforesaid, and that your orators said note
may by the order I'd Decree Of your Hon
) or be offset and applied upon the said
claim and demand which your orator has
against said Newton Chandler, and that
said note and Mortgage given by your or
ator to secure the same may be delivered
!. up to your orator to be cancelled and that
} your orator may have such other relief as
the nature of circumstances may require
and to your Honor shall seen meet.
All of which more fully appears by the
said orators Bill now here remaining on
file.
And, whereas, it appears in said Bill,
that Newton Chandler and John B. Fetch
err, both reside without this State so that
personal service Of the same cannot be
made upon them, it is ordered that the
substance of the said Bill, as aforesaid,
togather with this order, be published for
| three consecutive weeks in the Spirit OF
| the Age, a newspaper printed at Wood
stock, in the County Of Windsor, the last
publication to be at least twenty days
previous to the Term of said Court OF
Chancery next to be held at said Wood
stock in and for the County of Windsor on
: the first Tuesday of December, A. d.
1876, and that the said Chandler and
Fletcher therein be inotiied to appear at
: said last mentioned Term and answer the
said Bill.
Therefore, you, Newton Chandler and
John b. Fletcher are hereby notified to
make your appearance at the said last
= mentioned Term of said Court Of Chancery
and make your answers to the said Bill Of
complaint of Foster T. Alexander.
Dated at Woodstock, aforesaid, this
y 10Th day of October, A. ID. 1876.
> GEO. b. FRENCH, Clerk.
WARREN c. FRENCH Solicitor