Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-01-30

AMOS II. MEEKER and others Chittendcn
vs.. County. April
GEORGE WniTTEMOHE. Term lsS5.

GEORGE WnrTEMoHE. Term lSSj
IN CfiANCERY.
whereas, Amos Mcc,cr ANA Laura A. Meek
err, Of Muiu. New YORK Eugene WILDER OF
East Saginaw. Michigan Edgar =. Scott and
Amanda NJ Scott of Woodstown and AlcNan-
der =. Hodges, OF WCstiield, New Jersey; Cor
ncla Crockett, Henry &. Hodges, and Charles
C {. Hodges, Of Detroit, NMichigun; barney
burg, New York; William K. Hodges of st.
i.ouiS, Missouri; Orange Barnes and Amanda
NJ 'Hrnr; Of GGneya, NV YORK, hayr this
Chanccry wthin and Tor SAID thticuden
tDuu,y their l}ill of Complaint against George
Wilt cmorc OF Fremont Michigan, setting
forth, in substance, that said Laura i. Mcckcr.
Amanda NJ. Scott, Alexander p. Hodges,
Corne!ia Crockett, Henry g. hodges, Charles
children OF tlaris>n Hodges late Of shelby.
ohio. licensed, II sister of Timothy p, Phelps,
late of Milton, Vermont, drr"a.cd; thai said
Eugene Wiibcr Jane \. Whitney and ,mnn-
da VI. barnes are the children Of Orphn wilder
late OF Lawrence, New York. VINO was Il
daughter of said tlaris,a Hedges ami was iv-
mrnt OF the said Timothy =. Phelps in said
bil sci iurth That Edgar :. Scott and
AlnuniH Nj. Scott are husband and wife. aud
were lawfully married at said Milton october
,la NJ. Barnes are husband and wife and were
lawfully married at sad Lawrence, y. Y,
December 81, 1874; that said Amos Mrc<cr and
Laura \. MeckGr are husband aud wife
and were lawfully married at said Mil
ton June q, ls4i. -, And further setting
forth in said bill of complaint that
on or about the - day of August, 1874 said
Timothy =. Phelps died ut said Milton in said
County of ChlttcnGcn, leaving a last will and
testament, which afterwards was duly proved
and allowed rs his last will and testament be-
fore the Probate court for the District Of
Chittcndcn, Vermont. and from said allow
ancc no appeal was taken. That in and by
said will it was provided among other things,
that the just debts and funeral charges of the
said tcstator should first tie paid out OF his per
A,,.l . Ia, i
Just dc BITS and funeral charges were Afterwards
fully paid and discharged 10y his executor out
OF the personal estate of said testator. That
in and by said last will ana testament said
Timothy, among other things, gave to said
children of said Claris>a Hodges. and u their
representatives, # deceased, the SUM of $500,
payable at the dcCCaSc of said ClurisSu,
which payment was then ana there by said
viii made Al charge upon that part of said tcS-
tators home farm situate in sad Milton, and
of which he was then and there and 1T the
time of his dccCasc. seized and possessed as of
his own proper estate. Ana that said testator
by his said last viii gave to Jane Wilhvr $!U
annually, during her lite, and III her dcCelSc
: $40 to her heirs, if she should have any born
in lawful wcdOck, which said annuity and
legacy were made charges upon sad land an
were to he paid by said George WhttcIlOre,
OF the legal owner or occupant of said part
of said home farm 50 changed with said pay
mcntS. And said teStatOr, in and by his said
will. gave 10 Annie WhittpmOrC a like sum of
500 annually during her life. and Il like
sum Of Sl,GUO at her drccHSc to her heirs, II
. She should have children born in lawful we'd
lock, which said annuity ana legacy were made
CHARGES upon said land. and were to be paid
1 by said George Whittc!uOrr or the legal owner
or occupant Of that part Of said home farm
So charged with the payment thereof. And
said tcStutOr, in ana by his said last Will anl
testament tcluoathci TO George Whittemorc
/ the defendant, now Of Fremont. Tuscolt
/ County, Michigan, among other things. al
| that part of said teStatOr'S home farm situat,
in SAID Milton, together with all the persona,
| property thereon, during his life, subject Il
4Hs..rn l,st, u .+,,f,
S33VD to said children of said tlarissa. an,
to their representatives, If deceased, and thu
payment, of said several annllities to saiC
Jane WILDER and Annie WhttcmOrc respective
ly, ana said lcpaciCs to the respective heirs @
said jane ANA Annie, as aforesaid. And tina
said George Whittcmore did, then and Their
upon the proving said will, ACCEPT said hcQues
upon the terms and conditions thereof an,
promised in consideration thereof, faithful
TO fulfil and perform said conditions on hi
part to be performed, and all of said cOndi
lions. And said Wnlttemorc dill enter int
the possession Of said hcuueathr1 estate an
enjoy the benefit and profits thereof, an
al forward" sold and conveyed, 10y good an
sufficient deed To one Ell Barnum of said Mi
ton, his interest. right ana title in and To on
undivided half of said part of SAID home tarl
/ So situate III sad Milton. And that the QetCr
daut still Owls aud retains ms fun right. It'll
and interest in and to the remaining undViC
ed huli thereof, SO bcqueathcd to him in an
10y said Will u- aforesaid. Aud further settin
forth that said tlariNSa Hodges died at she
by, Ohio, April Ii, lS,3. and that the dctcndm
| has ever sine" neglected and refused and sti
l does neglect and refuse to pay said $1,000
salh children OF >ald tiarls-il, ANA their repre-
a ScntatiVcS, or amy part thereof, though Otto
2 requested 50 t. do, ana that the whole of sal
+ sum ana tn" interest thereon since the tlrCCa,
| OF sad tlIr,s~1 SIN remains unpaid. An
further set tng forth that the defendant, con
hiuiui- and couirdelating with divers person
at present unknown to the orators, but who:
: names when discovered they pray may he il
e serted IN said blll OF complaint, with IA
i words to charge them, does pretend and giN
{ out i'll speeches that the orators are net cnt
: tied TO said legacy and that all and snguli
y, the statements contained i'll said till of con
I plant are untrue. Whereas, the oruto
charg" hat all of said statements are true. \
Ii of which actings, doinEs and prrtcnccs
said defendant and his cOnfcd rates are COZ
trury to equity ami tend to the manifest i
II jury of the orators. And forasmuch as ii
-, orators are rcmedicSs by the strict rules