The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1881-09-23
A Stubborn Legal Fight.

tiS hiJ uClcN VI ldit
(Which has been the subject of one oi
!. the most remarkable lawsuits eve,
Etried in Vermont courts. The sui
Esgrew out of a will made so long ago
Ethat one of the principal attorneys now
[iconducting the case was born since The
&contcst began, has fitted for practic,
knndcr Vcrmont's favorite senator
EGeorgc II. Edmunds, been admitted tt
the bar, and acquired n large and re
Rmunerative practice, and, after being
retained in this matter, has six time.
8argned the case in the supreme court.
H)f Vermont and won his case on eacl
occasion. The case has been stub
abornly and persistently fought b,
Rsomc of Vcrmont's most prominent
lawyers. Over half century has pas
sed since the will was executed and
last month, at another hearing before
3Chief Justice Picrpoint, sitting rs
Hchancellor, the contestants sustained
2anothcr CT rushing defeat, and again ap.
pealed their case for another contest
5belore he supreme court of Vermont
The farm in contest was at one time
3valued at $4,000, but at the present
ime tho value is estimated at $1,000.
IN 1928, Peter Sticklcs, farmer, re-
siding in the town of Addison, made
1his will, giving the use of his property
o his wife during life, and at hel
death to the American Board of Com
1missioncrs for Foreign Missions, with
power in the wife and co-execulor Ia
sell so much Of the real property for
! her support rs should become neccs.
'ary. In 1881, Sticiles died and the
will was probated. During the next
nine years the wife lived upon the
farm, and the income from the pro
|perty proved ample for her support.
For eleven years after the probation OF
the will, the cO-executOr resided upon
lthc adjoining farm. At the end OF
Inine years the wife went 10 live with
Mr.. j. X. Ferrc, and gave him Il quit
claim deed of the property, conditioned
III her lite support. The co-cxecutor
was applied to about this time to ioin
her in an executors deed, and he re-
fused to do so. The wife continued to-
Iiivc with Ferre until 1898, when she |
without any request on the part of
lFerrc or any refusal by Fcrrc to sup
port her for the use of property, gave
TO him an executors deed of the farm
under the power in the will In 1SG2
he wife died, when the American
Board ot Commissioners for Forcjpn
Missions brought suit or cjectmenl
or posse, sion of the real estate. The
suit was brought in Addison county
court, and it WAS decided that the|
)ower in the will was not we'll execu- ]
cd. Ferrc claimed in defence his title|
to the farm under the executors deed
1t was decided in the county COURT
hat the power in the will having been|
given to two, did not survive the
ieath of the co-cXccutor, and that the
deed for that reason, was void, and
hat The plaintiff could recover posses
sion of the farm. The case was thcn|
taken TO the supreme court on cxccp.
tons by the defendant, where the de-
;ision of the county court was sustain-
III after two full hearings. This closed
the first chapter in this remarkable
'asc, in which the defendants attor-
stewart of Midd!ebury, and l.. R.l
Hard of Burlington, and for the plain-|
an, ex-Congressman f. e. Wood-l
bridge of Vcrgenncs, and the Hon. E.i
J. Phelps of Burlington.
Ferre now reversed the order of pro-
ceedings by making the Americanl
Board of Commissioners for Foreign
Missions defendants, while he appear.I
ed as plaintiff, by bringing bill inI
equity, claiming that while his dccdi
was not good in law it was good inI
equity, and further, if not good he hadI
IN equitable lien on the property for|
The support of the wife, which he all
eyed TO be much more than the use of
Ihc property, and asked and obtained al
temporary injunction restraining theI
iction at law. The American BoardI
IN this suit retained with Mr.. T.. J.I
Phelps, as associate counsel, Mr.. l.. L.!
Lawrence, of Burlington, at that timel
4 rising young lawyer, who was bornI
several years after the will was exccu.
ted, and during the progress of this|
case had attained his majority, bcenI
admitted to the bar, and won for him.
self an enviablc reputation as a sue
cessfui practitioner. Gen. Joel III. Lu
cia, of Vergennes, now the mayor of
the Oldest city in New England. wasi
also born since the death of the testa-l
tor, and after gallant service duringt
lhe war he returned with one emptyl
sleeve and won his way to n successful
practice in the Vermont courts, andI
with this strong team the Americana
Board again prepared to contest lheirs
rights. The case came OH for hear.
ing before Chancellor Pierpoint. i'm.
lnly, 1873, and was argued by Messrs
Hard and Stewart for Ferre. andf
Phelps and Lawrence for the Board y
md upon full hearing by the Chan,I
ccllor the bill was dismissed. witbE
costs. The orator then took an appcals
20 the Supreme court, held in Addisonf
county, where the case was tried andE
ordered for rcargument at tho geueralk
term OF court held at Montpclier. mE
1874. The case was there argued forE
Ferre by e. II. Hard and II. s. Tafls
of burlington (his later attorney ha,E
since been elected Judge of The su.
preme conrp, and for the Board byE
Messrs. Phelps and Lawrence. All
the conclusion OF the arguments theI
case was held with the court for twoI
years for examination, aud then il do
|cldcd that the deed was not good in!
equity, but that Ferre had an equitable
lien on The farm for the support of thel
wiie, ana II was ordered TO a Master jnI
|Chanccry for an accounting. The ac-
counting took place before Judge Wal.
Iter Z. Dunton, in 1877. Ferre lad had
the use of the farm during the time lhe
|wiie lived with him, and during all The
Ithc time of this litigation; and
although the wife had not been sick n
Single day during her life, the result of
the accounting gave Ferrc over sS200
/ to be paid by the Board before IL
could get possession of ile farm. which
was not considered worth that amount
lat that time. Exceptions were
promptly filed by the counsel for The
Board, and without trial a pro foymo
decree was rendered in favor of the
orator, Ferre, upon the report, and on
an appeal taken to the supreme court,
IN Addison county, where the case was
u INl