Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-07-27
CTATE OF VERMONT, windlsm c-7-

held at the Probate Office in Brattleboro In al No.
trict on the first Saturday Of August A. d. -
when and whore you may appear and contest the s,,
II you see cause. % Z. W. sTODDABD, Register
STATE OF VERMONT, wiudham Count
y In Chancery-Septemher Term ~.
| THOMAS CLARK VS.. WHITNEY HnDRFTH. plp
RET A. HlLDRETH AND OTHERS
whereas Thomas Clark Of Dummerst9p in .,i
county has filed in the office Of the clerk Of the O.
Of Chancery for said county VI Windham aforessj5r
petition setting forth that he il the executor N ~
last will and testament Of Mary Knight late Of Br.
| tlebOro In said county, deceased aud that ba il -.
| one Of the legatees under said will.
That on the 18th day Of September in the wa, ia,
| one Samuel knight, who was then IN life and the l7
band Of said Mary Knight was the owner in ice Of
| certain house-ot Bnd Of dwelling. house tbere--
situated on Elliot street in the east village n ,,l
| Bratueboro, bounded north On said Elliot street va.
on lands Of Jonas O. Brown, south on lands Of jan,
Frost, and east on lands then occupied by Jefersot
| Burnham; and that on said 18th day Of Septenia,
1913, said Samuel knight conveyed said premise. b.
his deed Of warranty duly executed 10 ono Jyln ~ Z
bury Of said Brattleboro.
That on the day last Aforesaid said John Woodtr-
This deed Of quit-clam duly executed conveyed RI
described premises 10 one John Clark then # ~
| Enumeration, who was brother Of said MARY KnigIf
| The habendum in the deed from said Woodburv "a
| said Clark is as follows: ITO have and 10 hold IA.
above granted and barganed premises, With the r,.
ieges aud appurtsnances thereuuto belonging T. n.
said John CLARK, his heirs and assigns to bis abdt,
own proper use, benefit and behouf forever AIslvs
| however, in trust for Mary Knight wife Of said -
| uel knight and for her use" That on said ION n,
| u September said John Clark made and executed
declaration In writing a. follows; "Whereas JON
woodbury. has this day, by deed Of qut-clau CONVEX
ed TO me house and house-lot on Elliot street IN n
east village Of Bratteboro, bounded west on iona,
Brown south on James Frost, east Jefferson Bun
nam anu north on Elliot street. for the
Of thirteen hundred dollars, now, therefore / JHr
CLARK Of Dummerston IN the county Of WipJlau ,-l
state Of Vermont, declare that the con siderati1 %
ey Tor said purchase was paid by Mary Knight VII
OF saml Knight, from funds Of hers IN my hands si
Ihlt ho.d sad house aud house-lot not in ny 9sl
right, but in Trust for the said Mary and her len.
oelu declaration was executed on the 18th day o. Ser
TENDER Aforesaid, in the presence II two attestin.s
nesses, was acknowledged by the said John Cart b.
iote Justice Of the peace IN aud for said county
with the two deeds hereinbef0re mentioned "a. nj
recorded IN the town clerks once in said Bratt4
on the 18Th day Of September in the year ISIS SD
petition.
That said Samuel Knight and his Wife Mary KtIg.t
after the execution Of the deeds nforessid awly.o-
Adei on said described premises during their i've.
| that they had the aud income thereof raii n.
taxes thereon, and treated the same IN all rest. a
though II were their own. But said petltay4r i. 4
Vised and believes that while the deed al d.
| John Woodbury. to John Clark conveyed To N. az
mary Knight an equitable estate and Interest ID "a
described premises, and entitled her TO the ue Of t
same, anu while her heirs legatees are entitled
the fee thereof the legal title thereto was by sa 49,
Ntsled ~ sara trustee John Clark, for the purpose IL
pressed IN said deed and IN said declaration n tr-
SAID petitioner further showeth that said John GIN
soon after the execution Of said decus and in the v
leis, moved from this state to Clinton Ieuavae n
mlchlgah, where he always afterwards resided Is!L
the exception Of temporary residence in saiJ ga.
tleDor2 between the years $50 aud 1850 and where
ne dled IN the year 1875 anu that he never made sv
conveyance Of said house aud louse-lot IN H. ~
Mary knight or to any other person and that no s-r
Neyauce whatever has been made Of said premises rs
tie execution OF the deeds aforesaid on the llb iit
OF september, lsis, aud that no trustee Of lI mn
erty has been appointed since the dece4se Of ths r
tee afUresaid.
That said Mary knight duly made aud executed he,
l4st VIII aud testament on the 2Id d4y Il june 1873
suJyeV' 70 we maintenance aud support Of htf
SAID husband during his life she by said viii ds,i,.
ca Ahd oequeathed all her property ana estate both
personal aud real TO the children Of ber Irotbe md
s!sler, tue same 10 be divided equally among then
4Lat tLc sald Samuel knight died 10 S.pt,nberl.--
leaving the said Mary surviving him Ttst sati Mr.
hhlght dlel IN January, 1893, aud that her SAID VII
was duIy allowed and proved IN tie N. bat. eouu
within aud for the District ut Marlboro ia sll 1rt
Of Mindham, on the 27tu day Of January lssl Mi
SAID petitioner was by said Probate Cont dgly IU
, & oi hIld Will pursuant g. The aT-
ointment uy SAID testairlx Ia said will aud that le
and Issued. '' 7'"'-
Said petitioner further showeth that l. rbuJrepof
The brothers and sister OF the tesatri1 Nary lt
VINO were living when said will was made and rYe5u.
ca were the following: Martha Rythrr, wife Of VII
uan +, h!ther Of Bernardston, Franklin Co. Mas,
mary button, wife Of AOnzo Duttop of saij DuulD-r,
SION ~ Cark and the petitioner, Thomas Cark tu;l
OIL sAIq Dnmmerston, children OF Thomas C.ark, vl5
was nIother OF the testatrix; also Catherine Paine
WE Of Reed Paine Of Clinton LepaW.c o. Mich
Harriet A. Hildreth, wife of Whitney Hi,irtth u
kockiugham IN said county of Wipdbar1 ana Adalns
oeA"t Wlie OF Alexander Rockwell OF said Brattle.
ooro, children of Catharine q. Florida who was s!s.
yer OF sald testatri1 also CathariHe Heath wife q
orrln Heath OF Curinth, Orange Co VI and John
o'ltA o. sa!d Cor!uth, children of Jonas CLARK who
NIs brother Of The said testatri1; also Caroline
reneh OF Middle River, Madison Co., Ia aud ClsG
A. CATA ui Miller, Hancock Co., Ia children OF Ana.
"a CARR Who was broth Of the testArix. also John
=. Cart lieu Of Clinton aforesaid Geo VI Clark O.
paI1ulor s'ot Co., Ia, laura Tuttle, wife II A. T.
lutte OF SAID Clinton, Jane Cook, wife OF l. g. Cot
u lecLnseh In said Lenawee county Cbas T. Clark
~ OSa q, Iteso Co., Kansas, and NJ Fletcher Cas
LIN ~ 'Ie st~'e OF Arkansas, who were children Of
Of tue testatriK va"
That said trustee, John Clark, died interstate; that
no administrator has been appointed ON his estate
that he loft no widow, and tlat Ills children aLy,e
named settled his estate aul made distribution there
oi among themselves by mutual agreement.
nat all OF the children Of the brothers and sster
sara mary knight who were living when sle made
SUD !ast wiH aud testament are heTeiuOeore named
Spu Inat lh'y are now all living, with the exception Of
"a i4etcutt Ozark and John 5. CLARK above named,
SOUS OIL s4ld trustee, John Clark: that said NJ Fech
er C4rG ultd IN the year 1879 iuteste: that no ad
mlnisrator has been appointed on his estate that be
leIt neither wife nor child, and that by an agreement
made by his brothers and sisters bis brother Charlie
~; Cask took MS entire estate; that said John 5.
Catk dled IN March last, iutestate that no admins.
tIatut has pten appointed upon his estate, and that
Als widow, Louisa NJ. Clark, and his children John
~ Laura L. aud Charles f., are In possession Of bis
property and hold title thereto: that the said Louis
NJ: Is the legal guardian of said Charles f. who sa
minor and that said John T. ana Laura I.ar Of lt.
saI aye lhat the estate Of said trustee John Carf
Is represented by his children above name that The
estate OF said NJ. Fletcher Clark is represented by bis
brothers and sisters above named: aud that the
az I,u Sohh . CIark Is represented by bis HiioF
Ihat the personal estate of the said Mary knight
ol 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 pefs4TT
10 raise money with which to pay said expenses and
Ivo's ana carry out the provisions Of said Will, and
nat sueh safe would be beneficial 10 the Interests
he legatees under said will
Wherefore the petitioner prays the Court here 70
iiPu!n tue petuoner or some other person trustee
~ sall properly aud estate in place of said trustee
luhn Clark deceased aud TO authorize gnch truseet0
'e aud convey said real estate and TO distribute be
t1'eeas thereof according TO the directions Of SAD
wv OF according to such order aud decree as sad
ltouale court may make in the premises or that tbs
'ourt WIN authorize the petitioner, as executor 81
i 10, 70 sen ana convey said property and an,
luule tue proceeds thereof according to said will OF
'ecording to the direction of said probate court; OF
hlt this court will declare said trust terminated and
ioiee the ute and fee to said real estate to the estate
II said Mary knight or to the eqatees under her will
ma that the court will make such other aud further
ruer und decree in the premises 10 the court shall
And it appearing that the pelitionees william E.
N9lher auu Martha Ryther Caroline French, Charles
Il, uCIrEe W. Clark y. G. Cook and Jane Coos
naIles l. Clarki A. +. futile and Laura Tultle Reed
,hne ana Catharine Paine, Louisa NJ CLARK, John T.
LATE aha Laura L. Clark reside without this state 50
ha the ordinary process Of this court cannot be sr
d upon them, 1t is therefore ordered that the said
e,'tlonsr notify the aforesaid named defendants Of
u J., V!uuenqy OF his said petition, aud the term %
ouil 70 winch the same is returnable, by publishing
the vermont Phoenix, a newspaper priuttd at Brat
.tDoro IN the county OF Windham aforesaid the sub
'AuSe OF ms said petition together with this order
' 'hfee weeks successfully the last publication toue
ltasl twenty days previous 10 the second TUESDAY
! september, A, D. 1888, that being the first day o.
le Term OF court TO which the sane 10 made reipfn
re which said publication shall be deemed suHicenl
office TO said defendants to appeal and mako ansvd
hereto II they shall see IT.
Given under my hand at BFattleboro the 9th day Of
uly, 1888. KITTREDdE HASKINs, Dept CleTk.
James NJ Tyler, Solicitor for Petitioner, ~