Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-07-20

erbury IN tile state Of Connecticut It IL ordered W
the petitioner notify said Timothy Hayes Of her rl
ton, and Of the term Of the court to which IL b. ~
tuuable, by publishing the substance thereof V.u
this order, FOR three weeks successfully 10 the w.,
mont Phoenix, printed at Brattleb0ro, IN said connie
the last publication 20 be at least six weeks pre1d.
to said next September Term Of said county COM.
which publication will be taken 70 be sufficient motto,
90 the said Timothy Hayes TO appear and make a..
KITTREDGE HAsKINs, Deputy Ci,h
C.. b. & c. +. EDDY, Petitioners Attorneys n
C,TATE OF VERMONT. windham c5rr,r
> In Chaucery-Septembe Term. lisa
THOMAS CLARK Va. WHITNEY HILDRETH. HAIR
RIET a. HILDBETH AND OTHERS.
Whereas Thomas Clark OF Dummerfton in .l3
county has hlei in the office Of the clerk Of the C0gr
Of Chanccry for said county Of Windhan afurosadls
petition, setting forh that he is the executor % H.
last will aud testament Of Mary knight, late II Brat
teboro in said county, deceased. and that b. o.. az
one Of the legatees under said will.
That on the 18th day Of September in the year ~,
samuel Knight, who was then III life and The hue.
band Of said Mary knight, was the owner IN fee Of
certain house-lOt end OF dwelling house thereon
situated on Elliot street in the east village Of 81.
Bralueboro bounded north ON said Elliot street. IVES.
on lands Of Jonas O. Brown, south on lands uf jane
Frost, aud east on lands then occupied by jefferson
Buruham; and that on said 18th day Of septeml.r
lSls said samuel Knight conveyed said premises, t7
his deed Of warranty duly executed to John WOOD
bury Of said Brattleboro.
That on the day last aforesaid said John Woollurv
by his deed Of qut-claim duly executed, conveyed AID
described premises 10 one John CLARK, then u sad
Dumtucrst0n, who was a brother Of said MARY KNIGHT
The haheudum IN the deed from said Woudbury &c
said Clark is as follows: "To have aud to L0.l
above granted aud barRained premises Elth the DIV.
ilegcs aud appurteuauces thereunt0 belonging 10 4
said John Clark his heirs aud assigns to bis aaIt,.
own proper use, beuelt aud behOof forever. Alvav,
however, IN trust for Mary Knight wife Of said san.
uei Knight aud for her use.' That on said 18Th dsr
OF September said John Clark made and executed
declaration IN writing as follows: "Whereas John
Woodbury. has this day by deed Of quit-aiu couysy.
ed to me house and hOuse-lOt on EiOt street TIE
east village Of Bratueboro bounded west On Jonas g.
Brown south on James Frost east on jefferson Burn
ham aud north Elliot street, for the consideration
OF thirteen hundred dollars, now therefore l. John
Clark Of Dummerstou IN the county Of WiudLau aud
state Of Vermont, declare that the consideration mon.
ey for said purchase was paid by Mary knight, VIE
Of s4ml Knight, from funds Of hers in my hands aud
that hold said house aud house-lOt not iu ny OWL
right, but in trust for the said Mary and her heirs
said declaration executed the 18Th day % Sep
TENDER Aforesaid IN the presence # two attesiiu EV
nesses, was acknowledged by the said John C4rk le
fore justice Of the peace in aud for said county ana
with tue two deeds hereinbefore mentioned was dly
recorded in the town clerks Office in said Bratbor
on the 18TH day Of September in the year ls4s sad
petition.
That said Samuel Knight and his wife, Mary knight
after the execution Of the deeds aforesaid awaysr
sided on said described premises during their live.
that they had the use and income thereof paid The
taxes thereon aud treated the in all respects
though Il Nere their own But said petitioner ID.
vseu and believes that while the deed AFORESAID fr5r
John Woodbury. to john Clark conveyed 10 the AZ
Mary knight equitable estate and Interest 10 "a
described premises, aud entitled her to the use oif
same, and while her heirs or ltgatees are entitled
the fee thereof the legal title thereto by said del
vested IN said trustee, John Clark for the purpose a.
pressed IN SAID deed anu in said declaration Of
said petitioner further showeth that said John CIt
soon after the execution Of said deeds and in the yi
1875, moved from this state to Clinton Leuawee Co.
Michigan where he always afterwards resided witt
the exception Of temporary residence in said Bat.
utbOro between the years 1858 and 1851 aud where
ne died in the year 1873 and that he never made s1y
conveyance OF said house aud house-ot to the SAD
Mary Knight or 10 any other person, and that 10 col.
I glTH "A hat 90 hoe Nt..r L.. -.
tile execution OF the deeds aforesaid on the 18th y
Of September 1875 and that no trustee Of sad MOI
eriy has been appointed since the deceasc OF the us
tee Aforesaid.
That said Mary knight duly made and executed b,r
last will aud testament on the 23d day q June ls75
tuat subject to the maintenance aud support O.. be.
said husband during his life She by SAID Will d-g...
ed and bequeatled all her properly aud estate ldh
personal aud real 10 the children Of ber Lrtb. and
sister, the same TO be divided equally among them.
That tue said Samuel Knight died In Srptrmbcrl,I7
leaving the said Mary Surviving him. That said Mary
knight died IN January, 1883, and that her said VII
Na5 uui! 4lo"tu anu proved IN the probate count
within and for the District Of Marlboro 10 SAID county
OF Nndham, on the 27ta day % Summary ls,l. vl-u
sald lttlloner was by said Probate Court dly c.l.
hrmed as executor Of said will, pursuant O. toe .f-
poiutm mt by said tesatrix in SAID will aud tia. s,.
ters testamenary were 10 said petitioner duly gr4ltr
said petitioner further showeth tLai tine enllrel u
the brothers and sister Of the testsrix Mary knight
who were living when said will was made aud extu,.
ca were the ioHoNlng; Martha RytLer, wife OF WI
liam L. Ryther Of Bernardston, Franklin Co. Mass.
Mary button, wife Of Alouzo Dutton Of said Dlumer
ston, ~ Clark and the petitioner Thomas Clark toll
OF said Dummerston, children OF Thomas Clark who
was brother Of the testatr1; also CAthariul Paine
wife Of Reed Paine Of Clinton Leuawte Co. Mich.
Harriet A. Hildreth, wife Of Whitney HLdrttA u
Rockingham in said county Of Windham and Alkaline
rockwell, wife Of Alexander Rockwell OF said Br4ts
boro, children Of Catharine {. Florida who WAS q SIS
ter Of sad testatriX; also CaharRe Heath, wife %
Orrlu Heath Of Corinth, Orange Co., VI, aud John
CAtA Of sad Cornth, children of Jonas Clark, vl-
was brother NJ the said testatrix; also Caroline
French Of Middle River, Madison Co.. Ia, aud Chls
A. Ozark Of Miller, Hancock Co.. Ia, children OF ANA
"a Clark, who was brother Of tine tesatriN also John
3 ClarR, then OF Clinton aforesaid, Geo. W. CLARK o
Davenport, scott Co., Ia, Laura Iutte wife Of A.
lutte ot sAd Clinton, Jane Cook, wife OF T.. g. Cos
OF Iecumseh in said Lenawee county, Chas 7. C-fk
Of Ogalah, Irego Co.. Kansas, and NJ FLETCHER CLARK,
lleh Of the state of Arkansas, who We're children
d@Ih cars tue trustee Aforesaid, who was brother
That said trustee John CLARK, disd intssat-; tlal
no administrator has been appointed his estate
that he loft no widow aud That his children above
named settled his estate aud made distribution there
Of among themselves by mutual agreement
lhst AN OF tue children Of The brothers and sister.
SAID Mary knight who were living when che made
sald last VIII aud testament herenbefoTe named
anu that lhey are now all living with the exception
NJ Fletcher CLARK and John 5. Clark above named
sons OF SAID trustee John CLARK that said NJ fegl'
er Clark died in the year 1879 intest4te that adj
nlhlstrator has been appointed his estate that be
let neither wife nor child, and that by agreement
made by his brothers and sisters his brother CHARLIE
4. Clara took his entire estate; that sal Ioln s
Ozark dled IN March last intestate; that no adnil''
TRAITOR has been appointed upon his estate, and thai
his widow, Louisa VI. CLARK, and his children, John
T.. Laura L. and Charles r., are in possession o! Mi
property aud mold title therefor that the said LOUIS
minor, and that said John T. and Laura L. are II ls.
gal age That the estate of said trustee, John Carl
Is represented by his children above namel; that e
estate Of said NJ. Fletcher Clark is represented hy m
brothers and sisters above named; aud that the t.
tle OF sara John s. Clark is represented by bis widow
and children above named.
That the personal estate Of the said Mary Knight Is
Of very utle value and wholly insufficient 10 pay .l
expense Of settling her estate and the debts against
the same that the sale of said real estate Necessary
to raise money with which to pay said expenses aud
dtois and carry out the provisions Of said will anl
That such sale would be beneficial to tho iutlr-gS v
the legatees under said will,
wherefore the petitioner prays the Court here %
appoint the petitioner or some other person trustee
OF SAID property aud estate In place of said trustee
John Clark, deceased aud to authorize such rusises
sell and convey said real estate, and to distribute VOC
proceeds thereof according to the directions Of ai
will or according to such order and decree sad
probate court may make in the premises: that lh
court win authorize the petitioner, as executor
aforesaid, to sell and convey said property and or
tubute the proceeds thereof according to said VIII OF
according to the direction Of said probate court q
that this court VIII declare said ttust terminated any
decree the title and fee to said teal estate 10 the a
OF said Mary knight to the eqatees under her eL
and that the court will make such other aud further
order ana decree in the premises to the court s4
seem meet.
Aud it appearing that the petitonces william =
Ryther aud Martha Ryther, Caroline French, Charles
Charles T. CLARK, A. r. futile ANA LAURA futile Ra
falne ana Catharlue Paine, Louisa NJ Clark, JONI T.
Ozark and Laura l.. Clark reside without this state "
that the ordinary process Of this court cannot best
ed upon them, II is therefore ordered that the say
petitioner notify the aforesaid named defendants o.,
the pendency of his said petition, and the term ~
eonrt to which the same is returnable by luhlshls
IN the Vermont Phmuix newspaper printed at bI1I'
tehoro IN the county OF Windham aforesaid, the sun
slAuSt " Ple sara ptuugn. together WIN lEs ..Er
for three weeks successfully tbe last publication lo
at least twenty days previous to the Second Iuellt
OF Septelnberi A. ID, 1888, that being the lrst gay
the term of court to which the same Is made reufls
ble which said publication shall be deemed sute'u.
notice to said defendants to appear and make ansVa
thereto, II they shall see ht
Given under my hand at Bruttleboro the 9th day o.
July 1888. kITTREDGE HASRINS, Dept, Cert
James N, Tyler, Solicitor fOr Petitioner