Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-07-13

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petition Is rcturnable to the term Of the county court
next TO be holden at Ntwianc in aud for said county
OF Windham, ON the second Tuesday OF September,
A. D. 1851 aud it appearing that the said Michael Ken
nedy resides without this state, it is hereby ordered
that the said Ellen Kennedy notify said Michael Ken
nedy Of her petition and Of the term Of court to which
1t Is roturnable, by publishing the substance thereof
with this order, IN The VERMONT PHGNIx newspaper
printed at Bratteboro in said Windham County three
weeks successfully the last publication to be at least
six weeks previous to said next Sept term Of court
which said publication shall be deemed sufficient no.
tice TO said Michael Kennedy to appear and make
swer TO said petition.
Given under my hand at Brattleboro, in the county
Of Wudham aforesaid, the 9th day Of July, A. D. 1888
ROYAL TYLER, Clerk.
Haskins stoddard, Petitioners Attorneys. %
CTATE OF VERMONT. windham County
- In Chaucery-september Term, 1888.
THOMAS CLARK vs.. WHITNEY HILDRETH HAIR
RET a. HlLDRETH AND OTHERS.
Whereas Thomas Clark Of Dummurston in said
county has filed Ia the office Of the clerk Of the Court
Of Chaucery for said county of Windhan aforesaid Ills
petition, setting forth that he is the executor Of the
last will and testament Of Mary Knight late Of Brat
leboro 10 said county, deceased, and that he is also
one OF the legaiees under said will
That on the 18th day of September in the year 1913
one Samuel Knight, who then in life and the hus-
band Of said Mary Knight, the owner in fee Of
certain house-lot sud OF clearinghouse thereon,
situated on Elliot street in the east village Of said
Brattleboro, bounded north said Elliot street, west
on lands of Jonas g. Brown, south ON lands Of James
Frost, aud cast on lands then occupied by jefferson
Burnham aud that on said 12th day Of September,
l5i5, said Samuel Knight conveyed said promises By
MS deed Of warranty duly executed, 10 one John Wood
bury Of said Brattleboro.
That on the day last aforesaid said John Woodbury.
by his deed Of quitcaim duly executed, conveyed said
described premises to one John CLARK, then Of said
Dummorstoni who was brother Of said Mary Knight.
The habCndum IN the deed from said Woodbury. to
said CLARK is as follows: ''To have aud 10 hold the
above granted aud bargaiued premises with the priv
iegcs and appurtenauces hcreunto belonging to the
sald Johh CLARK his heirs and assigns TO his aud their
own proper use benefit and behoof forever. Always,
however, 10 trust for Mary Knight wife OF said Sam
uel knight, and for her use" That said 18th day
Of september said John Clark made and executed a
declaration III writing as follows: "Whercas John
Woodbury. has this day, by deed of qut-caim convey
ed 70 me house and hOuse-ut Elliot street in the
east village OF BrattcbOro, bounded west Jonas q.
Brown, south on James Frost cast on ffersou Uurn.
ham and north Elliot street, for the consideration
Of thirteen hundred dollars, now therefore, l. John
ozark Of Dummerston In the county Of Wudham and
STATE OF vermont declare that the consideration mon
ey Tor sad purchase was paid by Mary Knight, wife
Of SAM Knight from funds Of hers In my hands and
that hold said house and huuse-lOt not IN my own
Hght Dut IN trust for the said Mary aud her heirs
SAID declaration was executed the 18th day If Sep
temutr aforesaid IN the presence Of two atcstuRw
nesses was acknowledged by the said John Clark be-
fore justice Of the peace IN and for said county, and
with the two deeds herenbefore mentioned was duly
recorded ~ The town clerks office in said Brattlebur1
on the 18th day Of September in the year 1913 said
deeds and declaration are referred to part Of this
petition.
That said Samuel Knight and his wife Mary Knight
after the execution Of the deeds aforesaid always re-
sided on said described premises during their lives
that they had the and income thereof, paid the
taxes thereon aud treated the 10 al respects az
though II we're their own. But said petitioner is ad-
S9hh Woodbury. to John Clark conveyed to tue said
Mary knight equitable estate and interest IN said
described premises aud entitled hcr to the use Of the
same aud while her heirs l,gatees are entitled To
the fee thereof the legal title thereto was by said deed
vested M said trustee John Clark for the purpose
pressed IN SAID deed and IN said declaration Of trust
said petitioner further shOweth that said John Clark
soon after the execution Of said deeds aud In the year
lS4S, moved from this state TO Clinton Icuawee Co
Michigan where he always afterwards resided (with
the exception Of temporary residence in said Brat.
ucboro between the years 1853 and 1871 and ,Ebcr
Ia a hat ta L.
conveyance Of said house aud house-0t 20 the said
Mary knight ur to any other person. ard that con.
vcyanee whatever has been made Of said premises since
of September 154s aud that 10 trustee Of said prDp
rty has been appointed iuce the dcceasc OF the
That said Mary knight duly made and executed her
last viii and testament on tue 2jd day Of June, 1876
mat suuJect 10 the manteuIucc and support Of her
said husband during his life, she, by said will devils
ed and bequeathed all her property aud estate, both
personal and real to the children of her brothers and
sister, the same to be divided equally among them
That the said samuel knight died IL September III
leaving the said Mary surviving him That said MARI
knight died In January 1885, and that her said viii
was duly allowed and proved in the probate court
within aud for the District Of Marlboro in said county
said petitioner was by said Probate Court duly con-
armed as executor Of said WILL pursuant to tue ap-
p0iutmeut by said testariI IL said will and that let
tiers documentary were to said petitioner duly granted
aud issued.
Said petitioner further showeth that the children Of
the brothers and sister Of the tesiar1 Mary Knight
who were living when said will was made and execut,
ed were the following: Martha Ryther, wife Of VIII
liam T.. Ryther OF Bernardston, Franklin Co, Mass
Mary Dutton wife Of Alouzo button Of said Dummer.
stOn, Eli Clark and the petitioner Thomas Clark both
Of said DummerstOn, children Of Thomas Clark who
was brother Of the testatrI; also Cathariuc Paine
wife Of Reed Paine of Clinton Leuaweo Co. Mich.
Harriet A. Hhdreth, wife Of Whitney Hildreth OF
Rockingham ia said county OF Wiudhau, and Alkaline
Rockwell wife Of Alexander Rockwell Of said Brattle.
boro, children OF Catharine G. Florida who WAS sis
ter Of said tesatrix; also C4tLarHe Heath, wife Of
Orrn Heath OF Coriuth, Orange Co, VI, and John
Clark Of said COrlnth, children Of Jonas Clark who
was orotntI OF the SAID tesiatriN; also Caroline
French OF Middle River, Madison Co., Ia aud Chas.
A. Clark Of Miller, Hancock Co.. Ia children Of Anna.
50 Clark, who was brother Of the testattK also John
S, Clark then Of clinton Aforesaid Geo. W. Clark OF
Davenport, Scott Co.. Ia, Laura Tuttlc wife Of A. f.
futile Of said Clinton, Jane Cook wife OF +. g. Cook
Of Tecumseh in said Leuawee county, Chas T. CLARK
Of Ogallah, Trego Co., Kansas, aud NJ Fletcher Clark
then Of the state Of Arkansas, who were children OF
Of tue testatriz.
That said trustee, John Clark, died iutesate; that
no administrator has been appointed on his estate;
that he loft no widow, and that his children above
named settled his estate and made distribution there
Of among themselves by mutual agreement.
That all OF the children Of the brothers and sister Of
said Mary Knight who were living when she made
said last Will aud testament are hereinbefore named
aud that they are now all living, with the exception OF
NJ. Fletcher Clark and John 5. Clark above named,
Of said trustee, John Clark that said NJ fetch
Clark died in the year 1879, intestte; that ad-
mustrator has been appointed his estate that he
left neither wife nor child and that by agreement
made by his brothers and sisters his brother Charles
T. CLARK, took his entire estate; that said John s.
Clark died in March last intestate; that admins
traitor has been appointed upon his estate and that
his widow, Louisa NJ. Clark, aud his children, John
T.. Laura l. and Charles f., are in possession Of his
property and hold title thereto that the said Louisa
NJ Is the legal guardian Of said Charles F., who is
minor and that said John 7. and Laura L. are Of le-
gal age. That the estate OF said trustee, John Clark
il represented by his children above namei: that the
estate Of said NJ Fletcher Clark is represented by his
brothers and sisters above named; aud that the
tate of said John S. Clark represented by his widow
and children above named.
That the personal estate of the said Mary knight is
Of very little value and wholly insufficient to pay the
expense Of settling her estate and the debts against
the same that the sale of said real estate
to raise money with which to pay said expenses aud
debts and carry out the provisions Of said will and
that such sale would be beneficial to the interests Of
the legatees under said will.
Wherefore the petitioner prays the Court here to
appoint the petitioner or some other person trustee
OF said property and estate in place Of said trustee,
John Clark deceased aud to authorize such trustee to
sell and convey said real estate and TO distribute the
proceeds thereof according to the directions of said
will or according to such order and decree as said
probate court may make in the premses that this
court will authorize the petitioner, executor
Aforesaid, to sell and convey said property and dis
tribute the proceeds thereof according to said will
according to the direction OF said probate cour or
that this court will declare said trust terminated ana
decree the title and fee to said real estate the estate
of said Mary knight to the legatees under her will
and that the court will make such other aud further
order and decree in the premises as to the court shall
And it appearing that the petitioners, William E.
Ryther and Martha Ryther, Caroline French, Charles
A. Clark, George W. Clark, L. G. Cook and Jane Cook
Charles T. Clark A. F. futile and Laura Tuttle Reed
Paine and Catharine Paine, Louisa NJ, Clark, John r.
Clark and Laura L. Clark reside without this state,
that the ordinary process Of this court cannot be
cd upon them it Is therefore ordered that the said
petitioner notify the aforesaid named defendants of
the pendency Of his said petition, and the term Of
court to which the same is returnable, by publishing
in the Vermont Phoenix, newspaper printed at Brat
tleboro IN the county of Windham aforesaid the sub
stance OF his said petition, together with this order
for three weeks successfully the last publication to be
at least twenty days previous to the second Tuesday
of September A. ID. 1885, that being the first day Of
the term of court to which the same is made reurna-
Bile; which said publication shall be deemed sufficient
notice to said defendants to appear and make answer
thereto, If they shall ut.
Given under my hand at Brattleboro the 9th day of
July, 1888 KITTREDaE HASKINS Dept. Clerk.
james NJ. Tyler, Solicitor for Petitioner, %
NOTICE.-An persons are hereby forbid
IN den harborng or trusting my son, LUNA EMER-
SON BISHOP, on my account, for shall pay no debts
of his contracting after this date. also notify all
nnranna TINT i nm reannnahle md hold mNaelf