Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1884-12-19
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competent witnesses to such wills and such
person sn nttrstnr hall be admitted as o. wit.
ncss. as DO such devise. legacy or interest bad
not been ma1c or given. But mere charre on
the real or personal cstat. of the testatur for
the payment OF debts, shall not prevent bus
creditors from being competent witnesses To his
will
src.2 This act shall take effect from its
passage.
No. 1lO.-An oct TO provide for the appoint
mCut OF trustees upon the estates Of absent
persons.
It Is hereby enacted. etc..
SIC l. Whenever person. having O domi-
ellie 30, this State, shall remain nevoud the SEA,
or shall absent himself, iu this state or else
where, and shall rmliu unhcnri from for the
space OF three yCnrs next preceding tie time OF
the application herein ON tins section provided
for; or whenever any person having dunncile
within this State shall suddenly uf mysterious
lv disHppCar. under such circumstances 49, shall
satisfy the cuurt that there's reasonable ground
70 believe that su,h person j. lost, or has be-
come insane ami cguuut Doe found, or is ocad,O OF
has been m fde way With, then 90 any such ease,
on application hy petition of anv Of the nearest
relatives Of sucu person, or % there De no felH-
tives of such person Within this state who shall
so apply. then upon the ppucaiion Of the over
seer Of the poor of the town 90 which was the
hast known uumicilg ~ such person, the Pro-
bate Court in the district 10 which sucb town
Is situated shall appoint one or more trustees
Of the estatC, real aud personal, OF such per
son.
SEC. g. Before entering upon the duties OF
said trust, the trustee or trustees So appointed
ehall execute and bic with said Probate Court
a bonn on such penalty and with such surety
or sureues a, shall he approved in the manner
directed and provided Tor in the order appointing
suCh trustee OF trus tees, which bond snail provide
for the return to the Probate Court within three
months. 81 true and perfect inventory Of The
goods chattels rights credits and estate ~ such
absent person, which shall come 10 his posses
SLOT of know ledge, tor the ihiih "a performance
Of the trust, for q just and true account when
ever theTeuutO required by said Probate Court,
for q full and co piete transfer and delivery or
distribution of all property and estate which
NAV come into the hands Of such trustee ~ hen
ever thUreuu.O required by said Probate Court,
and Tor the performance ut all orders and de
crees of the Probate Court, by him 10 be- per-
formed 90 the premises. The Probate Court
may require additional bonds OF such trustee or
trustees. whenever the court shall deem the same
neees SHY.
SEC. @ Said trustees may he removed and
Others appointed. as provided boo yhApt D ll9 of
the Revised Laws Df Vermont And said bonds
NAV te ur,-t Culcd as probate bonus a.c now
prosecuted by the provisions OF chapter 40 Of
the Revised Laws o Vernon.
SEC. 4. such trustee or trustees shall become
ami be vested with uIi thU property, real and
personal rights, chooses in aciiuu aud evidence,
OF prupert. and Indebtedness vhicl were or may
be Of such Ivr-uu so absent or having su disap-
pearCd. a. q shall have power ana authority 90
enter into al upon, and 20 take possession OF
all such ITup. rty, real and personal "a receive
payment aud discharge any ana al debts, due,
and demands % ar iu favor OF such person, 10
sue iu ANY and all courts for the recovery, en-
forcemeut and collection Of such property
WtH nr1 uarl aHa fHHH
indehtesie-s, and OF ali debts due or demands
TO OF iu favor OF such persons or such trustee or
trustees ana may defend all actions or SUITS iu
law OF equity which are necessary fof the
protection VI tie property or rights VI such per.
Bon.
SEC. 3. Il claims against such person an
disputed. the same proceedings shall ne bad
for the asccriaument uf the amount due and
it. payment a, D, provided Boa the ease OF
disputed claim, AGAINST wards, hy section
247O. PAL, 2l12, 2l73 and 2ll4 OF tAe Revised
Laws.
S.c.G Trustees appointed under the pro-
visions OF this act shal reurn an inventory and
the estate shall be appraised hy a committee
appoiuie and swurn.ss provided 10 case OF an
estate Of d deceased person.
SIC. =. The Probate Court NAV make such
direction a. shall seem equitable for tat nppI-
cation of he estate ut properly, or amy part
thereof in the hands Ut such trustee or trustees,
Of such absent persuE-. ana shall have power tu
direct such trustee ar trustees % dispose of such
estate or prOHerly and invest the prJueeIs 81 the
same, Hs the law relating 10 The sac and invest
ment of trust estates provides and the rights OF
the parties interested may require.
C. s. IN ease the person 30 absCrt or dis
appearing shail prove 20 be alive, SAID Trustee
or trustees shall surrender 20 him all properly
ard effects, OF the proceed. OF the same. ~ hitch
shall have come into the hands OF such trustee
or trustees, aud in case letters testamentarv
shall ne GRANTED upon the last wid and tesla
ment OF a person 80 absent Or having so disap
'eaIeo. or l4 rasc letters o. administrator
upon Lis estate shall I've Issued, sVcn rusiee or
trustees shall surrender 70 tie executor or al
pi,nistrator Receiving auch letters OF admins
trati,m or snch iettrrs testamentary, all proper
~ effects and tstate OF such persOn.
SEC. @. Such trustee OF trustees shall he al
lowed out Of tie estate ana property, M b,
or their hands. all lawful disbursements IN
and ahUut the discharge OF tie duties ui such
trustee, and shall a.o he allowed such pay Tor
services rs Is allowed by law 10 executors and
administrators.
SIC. 10. From any order maze pursuant %
the provisions ut ,hi> act. an appeal may be Ia
Ken 90 The County Court, a, provided hv law
for spueal, from au order, seuttI &C, decree or
denial of q Probate Court.
SEC. II. Tins act shall take effect from lis
passage.
Approved NOV. 23. 1854.
No. III An oct relating TO the election and
drawing OF grand and petit Juror, and re-
Pealmg sections 273J and 1871 Of the Revised
Lave"
II Is hereby enacted, etc..
Sol Aemuer- CO., tar h..l Of civil au-
thority present at AN annual JoNu mecur- shall
nominate 90 the T. Getting sIcu uu 'lc. i~f-
sons Tor grand ami petit IurIl-, .f Att-.4 sac
"a. - ia Haa
will be the prup'itlun OF Tie tuv o., and they
shall be chosen hy the town, az sacn meeting /;
and The town citI shall WITHIN i've DAYS there
after o., turn bv mail - the clerk or tn County
Court, b., certificate Of election 81 the persons
30 Cho, en-, therein giving the tnil maine aud
post office address OF each person and the clel Is
Of the County Court shall write the name anu
pOst-ufhce address Uf each peTs n, 30 returned,
on separate piece uf thick paper, such pieces
OF paper 10 he OF uniform size ana color, aud he
shall put them into a lluX 10 be KEPT In his Of
nee for thAt purpose, keeping the names hon
each town n d separate compartment; and such
box shall contain one large compartment into
which The names frum the respective towns
shall sucCessIyriy be placed Tor tue drawing OF
grand and petit jurors specified in section 6oS OF
the Revised Law ami every person drawn nv
the sheriff or his deputy To serve as grand OF
petit Juror, from Huy town containing more
Ihsn two hundred inhabitants, shall be disqua-
lied from again serving as a juror for two years
from snCh drawing.
SEC. ?. Whenever from anv cause a town
shall tail to chOUse at an annual town meeting,
such numler Of persons for grand and petit lu-
IOrs, 10 attend the County Court for the wear
ensuing,as wOld he the proportion OF the town
OF the town clerk shall neglect 10 return by
mail TO ihe clerk OF the County Court, within
i've days thereafter, his certificate Of the eiec'
tiOn OF the persOns 90 chosen, Il shall be the du-
~ Of the judges Of the County Court
for the county IN which such iOsn
NAV be located, upon being notified
by the clerk OF the said county of such delIn-
qnency, 10 nominate and appoint the requisite
number Of citizens OF such town 20 supply the
deficiency and thereupOn the clerk OF The court