Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-03-07
NOTICE.
UNION TRrsr COMPANY In sb,raar
OF NEW YORK.,
AHAfseT .Chittond.n rau.

NOTICE.
UNION TRrsr COMPANY ! In sh.noar.
OF NEW IuRB,
AoAtssT }Chlttenden Gown.
IHE NAKEtIE D VARIEGATEp ~
'RBLE COMPANY AND OTHERS, April Term 1884
WHERE s, on the 18Th day Of February. ss4
me I'm on trust Company Of New YORK. a
orpoiatlon existing under the lawt Of the Sta,e of
New 1ork, and located in the city and state OF
New York, did die in the onoe of lie clerk Of t6s
Court OF Chancery In and for the County of Chit.
s.eh9ien Us bill Of complaint against The Wake
eSis,pu ussT tbs marble company s9rporsti9n
ana against william Phelps, csSri M IN H. r v
gheculx OF the last Will and testament OF Joseph
]. Evans, deceased, James Secor, samuel Jaooby,
x v Edward .. Wesley all OF the city OF New
th Ufk c al9'e 81 ana against Gusavus Kicker Of
Solumbia which said BIZ ia re,nrm Isie' 70
Ine next term OF said court, and wherein said
orator complains and alleges:
mat on Or about the first day of Scptcmber 1851
ssd Waseneld variegated Marble Company duly
TX under IT'S corporate seal and delivered to
a,cp,empcr j., 1851, signed by its President and
n |, by It's Secretary, wherein and whereby
conyGyed 10 said orator, its successor or
described premises, situate In Colchester, in the
n nll OF Chitenden, Vermont, to wit AL the
lands amds, marble. rock, stone. mines, mine ais,
guatrries' rig t., and rights IF way, lying In the
rn T'1ny OF Wallets Bay and Coates Bay and
by psyd t tS h9mas Fuller and George T. Bach
Keyes, administrators OF me estate Of freeman
hssrs ana Charlie; w Pierce, administrator of the
s'v ana recorded in Vol. II, on pages $40 and 57i
Vi .ne ihnd records OF said Colchester.
,,, also al mat certain road or right OF way
lntnly-uVe rect IN width across the sOuth-eastery
section Of lot No. So being the sane road or right
~ po way conveyed to Thomas Fuller and George 7.
oaC', ny deed dated September ., 1879, recorded
Colchester;
Also all the following described lands and prem.
thn aIn nF Male LIaaI
ana 0oun led AS follows, 10 wit: Commencing at
tne centre OF the ditch near the gate at the north
Iua o. tne PSnt road leading from John J.
az point equds'ant between two rows OF apple
,reesi thence easterly along said ditch to an angle
nefeln about three rods southwest from the
orchard blum or quarry, thence south 80 degrees
cas- IN SAID ditch six rods, thense north 81 degrees
10 10 minutes east, along the north line of Michael
Following said shore northerly ~ point cores
pS on ing to the north limo OF said orchard,
Hence south ~ degrees, 20 minutes west. along
the fence and on the SOU III line Of David Reagan
hnI 10 the centre between the same two rows Of
ga above mcnt oned, thence souiherly between
tne sad Two rows OF trees at equal distance from
eaeh to ne point or place of beg inning;
Also 81 the several islands lying along the east
snore OF Ma.leits Head in Malletts Bay. Beng all
a y me same premises conveyed by George b.
ham ana wife 70 Thomas Fuller by deed bearing
da.e May IL, 1851, and rccorte IN Vol 81, page
4il OF said land recOrds
together with all and singu ar the enements
longing, Hrh all estate, right ana lite therein,
pelongihg to said The Wakefield varicgAted Marble
That -att deed however, was uaon trust for the
oene1t OF certain bundhulders, and wa. conditional
Ior TIE payment aCco ding 10 the tenor theI cot
uf ON hundred and fifty bonds of even date there
with each 70 the sum OF one thousand dollars,
~ ana by each OF which sald Wakcne Vsr"gated
MAT; Mar ~ company promised 10 pay to the holder
sum or one thousand dol.ars on the nrst day Of
cCe,lemosr, 1901. or At TO option Of said Marble
So4pttny at any ate after the expiration OF hye
al the rate OF nix per cent per-anuuth, p4yah @
seml-a annually Oh the FIRST days OF March and
september In each ar on surrender OF the
proper Interest coup rs attached to san bonds:
hAt II was Gov nnnicd IN SAID trust or NOR gage
deed ihat in case OF default IL the payment Of
tll'r rlhc pal or l. terest speech, IN iall Ounis
anu secured b. said mortgage AMI The continuance
thtrtof Tor two mouths, the rus ee with
me Aplropr al ON nf a court having Jurisdiction
~ we mater, might. ana upon The wrlltc0 request
OF the honors OF AZ !cast oIe-fourth Of FAD bond
'hen tolandlug and unpaid should rUceed TO
SCI! sad mprtRag'd nrelul es am al ueneNt
a"d tqlI'y Of T. dempiiol t1eren, belonging .
said marc 2 Company, and ut OF the y oc,cds
thee af tr retaining Is sum sufficient fer the
pay mtnt ~ II expenses ana charges of the Orator
/" me execution II s"id tru + should pay. 80 lar
fs'b.r, atH Ia ,use OF dchc'ency, III qua, pro
ava proportion the principe ana lnteres winch
Restoring the reslaur, II any to sad Mab'e COM
PAM, or to whon.so, yer should be entitled there
That aid orator duly accepted said trust, and in
ana n' sad decd coveI antt " to execute the same
according 10 lis term, and that saii mortgage w4s,
on The D diy OF September, ssh, duy ecOrded III
Vol. 20 OF the mud records of said Colchester, GU
pages from IS t. s. inclusive;
That .ald bonds duly certified hy sald ora or
~ secured by sald mortgage were. as said orator
believe, sod NY slli Marble Comsauy and ar
row held. . by defendant RE er, ~ by defer dani
IN Fps, II by defendant Evans, Xxx, ny
defendant Stcpr lUby defendant JacOny, and by
de eh''ant Wesley, and the orator prays that the
r"na lllng holders OF sand bonds. unknown to the
orat r, WHEN discovered, may be made parties 10
sad bill with apt words TO charge them;
Septenblr, 50, and the fret day Of Marco, 1888,
default was IN de III he payment of the interest
coupons On certain OF sad bonds, which
bill;
That after The expiration OF two months from
Inc dat OF sad de aut, the holders OF more tnan
fourth III amount of said bonds duly rogue ted
SAID orator TO begin force Gsur. Of said mortgage
and proceed to the execution Of tald trust;
Wn"reup)n SAID Orator prayS the aid of sad
Court that the number of said bonds OufstandIng
an the amount due thereon for principal auu
interest, may De Hsccrtalned, adludled a nj
determined, mat payment thereof when deter
mined, may be decrred ami that IN default OF such
payment said Rortgaged premises with tie
aplurlenancts thereof may be sold under decree
OF sad Court Hnd mat out OF the proceeds OF such
sae, at,et deductng Just allowance for a
disbursements, expenses and services OF said
trustee, including all PAYNE IS tor taxes, or
ass ssnents or prior liens on said premises, sad
The Wakefield Varlegsted Marble Company and
all persons Gaining under IT, be forever barred
and forecJscd OF all equity Of redemption right
ana Title in and TO said premi.es
And f'r sucl further relief as The nature Of the
case would r qI!re ard for tubpoena re-
qur!ng said defendants - appear al the next
term Of sad Court and answer sad bill and stand
70 ard ABIDE bv the order aud decree of SAID
Court IN the ,remiscs;
And whereas t appears that all Of sa Defend
ants are living VIII Out he State and hat 10 sum-
mons can b" ) rived upon them
Therefore, IL Is ordered that said defendants be
I o,ned of the pcndency of sad bill ma he sum
moi fra a fav m N
ne he d at BgrlluR on, on the his, Tues ay Of
April, ISL, on the llrst day thereof, and answer
sad bill, 10y publishing the subs auce OF sad MI
an THIS order IN the Burlington Free Press,
newspaper rubllshe at Burlington. IN sad Ounty
II Chlliend"n, three weeks successlycly, the last
public ,ou being az ieast twenty days pIlDr - the
commencement OF sad term of COut
CIV n under nv hand AZ said Burlington, this
10Th day OF February, 1874.
o. P. RAY, Clerk
VALE a WALES, Solicitors +, 7 orst.r.
fcb2o~Bw